MARJORIE K. CONNER

ATTORNEY

700 WEST VIEW TERRACE

ALEXANDRIA, VIRGINIA 22302 

APRIL 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 Corporation Petition for Exemption 

Pursuant to Section 333 of the FAA 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 Section 333 of the FAA Modernization and Reform Act of 

2012 (“Reform Act”), and Section 11.81 of the FAA’s rules, 14 C.F.R. § 11.81, CellAntenna 

Corporation (“CellAntenna”) petitions for exemption from a number of Federal Aviation 

Regulations (“FARs”),1

 as detailed herein, to allow commercial operation of small unmanned 

aircraft systems2 (“UAS”). 

 CellAntenna’s petition for exemption (“Petition”) is supported by the information 

provided herein, as well as its appended CellAntenna UAS Operations Manual (“CellAntenna 

Manual”) and each manufacturer’s UAS Manual (“UAS Manual”).3 CellAntenna submits the 

CellAntenna Manual and UAS Manual (the “Manuals”) as confidential documents, consistent 

with Section 11.35(b) of the FAA’s rules, 14 C.F.R. §11.35(b). The Manuals contain 

confidential commercial and/or proprietary information that CellAntenna has not shared and will 

not share with others. The Manuals set forth operating conditions and procedures that are not 

generally available to the public and are protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et. seq. and any other disclosure requirements established by the 

FAA pursuant to Section 333 of the Reform Act. 

 

1

 Specifically, CellAntenna requests exemption from Part 21, Subpart 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 the 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, and other architectural observation and inspection, 

electrical power grid inspection, telecom infrastructure inspection, 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 borne communications services, consistent 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 maintenance manuals, pilot training manuals, service 

information letters and safety/service bulletins. 
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I. CellAntenna 

 CellAntenna is a family-owned U.S. company, based in Coral Springs, Florida. Since 

2002, CellAntenna has led the industry in marketing and servicing communications devices. In 

the course of its business, CellAntenna has developed a special interest in UAS, particularly in 

combining its wireless communications expertise with UAS devices. CellAntenna’s 

communications expertise brings added reliability 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 for visual observation, inspection, and recording and RF 

signal extension and detection work. 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 precedent. CellAntenna’s UAS operations will be conducted in 

accord with the conditions and limitations set forth in the grant of this Petition, CellAntenna’s 

Manual and the UAS Manual. 

CellAntenna’s UAS operations will be conducted in controlled circumstances, away from 

spectators and persons not involved in the operation. All operations will be conducted during 

daylight, Visual Flight Rule (“VFR”) conditions, at altitudes below 400 feet Above Ground 

Level (“AGL”). CellAntenna’s operations will be conducted at a level of safety superior to that 

of fixed wing aircraft or helicopters performing the same or similar 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 the national airspace system.” As directed by Section 333 of the 

Reform Act, where it is safe to do so, the FAA Administrator may permit unmanned aircraft 

systems to operate in the National Air Space (“NAS”), based on specific considerations: 
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 The UAS’ size, weight, speed, and operational capability; 

 Control of operation of the UAS in close proximity to airports and populated 

areas; and 

 Operation of the UAS within the visual line of sight of the operator. 

The Administrator of the FAA also has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator determines 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 Exemption 

and the dozens of Exemptions Granted based on the Astraeus Aerial Precedent. 

CellAntenna’s proposed operations fit each of the criteria for expedited approval set forth in 

Section 333 of the Reform Act, and is consistent in its basis with the 69 Petitions granted by the 

FAA between September 25, 2014 and May 26, 2015, including Astraeus Aerial. 

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

A grant of the requested exemption is appropriate because the physical properties of 

CellAntenna’s UAS meet the size, weight, speed, and operational capability criteria meet the 

parameters set forth in the Astraeus Aerial grant, and its progeny. 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 flights may be safely terminated, including with a 

reserve of 20% of the battery’s maximum charge capacity; 

 The UAS will generate altitude information using onboard GPS triangulation 

equipment, digitally encoded barometric altimeter, radio altimeter, or a 

combination of them. Altitude information will be transmitted to the pilot in 

charge by telemetric data feed. 

 The UAS will have system redundancies and independent functionalities to ensure 

the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UAS to 

return to home or to a predetermined location and safely land without injury or 

damage. 

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

with Federal Communications Commission (“FCC”) and/or other controlling 

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. 
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The Administrator has noted that if the operations proposed in this petition were 

conducted using a helicopter, the aircraft’s take-off weight could “weigh thousands of pounds or 

more and [would be] operated by an onboard pilot, in addition to other onboard crewmembers.”5 

The weight difference between a helicopter and CellAntenna’s UAS significantly reduces the 

potential harm to the operator and 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, observation, and other activities by UAS.6

B. The Operational Restrictions set forth in the CellAntenna Manual meet the 

Administrator’s criteria. 

The CellAntenna Manual and the UAS Manual provide the procedures and limitations 

necessary to safely and successfully perform the operations contemplated by this petition. Of 

note, the CellAntenna Manual and the UAS Manual provide operational limitations and 

conditions to ensure a high level of safety to operations, consistent to or exceeding current FAA 

guidelines: 

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

2. The minimum crew for each operation will include a Pilot-in-Command of the UAS, 

and one or more Visual Observers (“Observer”), as necessary to conduct a safe 

mission. 

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

Observer at all times. 

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

5. The Observer designated for any operation will be in constant voice contact with the 

PIC. 

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

shall be added to the CellAntenna Manual. The CellAntenna Manual shall be 

maintained and made available to the Administrator upon request. If any discrepancy 

exists between the conditions and limitations in the exemption, as granted, and the 

CellAntenna Manual, the conditions and limitations in the exemption, 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-2014-0915, at 2. 

6

 The National Transportation Safety 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 helicopter accidents reported 

there include: NTSB Report AAR-84-14, reporting three fatalities 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 fatalities during a search for a lost hunter. 
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8. Flights will be operated at an altitude of no more than 400 feet AGL. Flights will 

never enter navigable controlled airspace without prior written authorization and 

approval from the FAA. 

9. Lateral distances from participating persons, as defined in FAA Order 8900.1 V3, C8, 

S1, will be maintained. 

10. Flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position in which he or she is shielded 

from the UAS and possible debris resulting from UAS failure. Flight will be 

terminated if a non-participating person within 500 feet of the UAS leaves a shielded 

position. At no time will the UAS be conducted so close to persons 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 that it is in safe-flight 

condition. The PIC shall not operate the UAS if the inspection reveals a condition 

that adversely affects the safe operation of the UAS unless and until the condition has 

been removed and the UAS is found to be in safe-flight condition. The Ground 

Control Station (“GCS”) shall be included in the preflight inspection. All 

maintenance, repairs, and alterations shall be properly documented in the UAS 

records. 

13. Any UAS that has undergone maintenance, repair, or alteration that affects the UAS 

operation or flight characteristics must undergo functional test 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 aircraft 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 maintained according to the UAS Manual. 

15. Prior to any flight, a Mission Plan shall be recorded, setting forth the operational 

limitations and conditions for the mission, as well as key personnel 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 this obligation, CellAntenna shall obtain a Certificate of 

Waiver or Authorization (“COA”) from an Air Traffic Organization (“ATO”) prior to 

conducting operations. As long as required or appropriate, CellAntenna shall request 

a Notice to Airmen (“NOTAM”) with the appropriate ATC facility between 48 – 72 

hours before flight. 

17. If any permissions or permits are required by territorial, state, county, or municipal 

jurisdictions before flight, CellAntenna shall obtain them. 

18. CellAntenna shall coordinate its operations with the appropriate Flight Standards 

District Office (“FSDO”), as required. 

19. If the UAS loses communication with the PIC, it shall return to a pre-determined 

location within the operational area and land safely. 
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20. CellAntenna will ensure contingency plans to safely terminate the flight if there is a 

loss of communication between the PIC and the Observer. 

21. The UAS shall have the capability to abort the flight safely in the case of flightaffecting unpredicted obstacles or emergencies. 

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

Certificate. 

23. Each PIC shall have accumulated and logged at least 12 hours training hours or 24 

flights accrued before designated 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 operations under the 

exemption, including three take-offs and three landings within the 90 days 

immediately preceding any flight. 

25. Operations shall be conducted only during daytime VFR Meteorological Conditions; 

no flights shall be conducted under special visual flight rules (“SVFR”). 

26. The UAS shall remain clear and yield the right of way to any and all manned 

operations and activities at all times, including, without limitation, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders. 

27. UAS operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

V. Regulations from which CellAntenna requests Exemption. 

CellAntenna requests exemption from several interrelated provisions of Title 14 of the CFR, 

Parts 21, 45, 61, and 91, for purposes of conducting its UAS operations. The specific code 

sections are listed below, along with operational protections demonstrating that CellAntenna will 

achieve equivalent or greater safety 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, Assistant Chief Counsel for International Law, 

Legislation and Regulations, AGC-200, issued a Memorandum regarding the maintenance of 

certain required documents when flying UAS (“Memorandum”). Specifically, the Memorandum 

stated that maintenance of the airworthiness certificates, aircraft manuals, and aircraft 

registration certificates at the CGS would satisfy the intent of the governing FAA regulations.7

 

CellAntenna proposes to maintain the 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”). 
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B. Provisions from which Exemption may be Unnecessary.

In an abundance of caution, CellAntenna seeks exemption from the obligations of certain 

provisions with which the Administrator may find CellAntenna’s operations comply or that they 

are inapplicable to UAS operation. 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 requirements for Airworthiness Certificates for Products 

and Parts. Part 27 of Title 14 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. In the recent decision 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 operating area associated with UAS and its operation, the 

Secretary of Transportation has determined that the UAS meets the criteria of Section 

333 of the Reform Act. Therefore, the FAA found that relief from 14 C.F.R. Part 21, and 

27 was well as any associated noise certification and testing requirements of Part 36 was 

unnecessary. 

Similarly, the UAS proposed for CellAntenna’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 Identification Requirements: 14 C.F.R. §§ 91.9(c), 

45.23(b), and 45.27(a) 

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

relief from these sections is not necessary. Relevant materials may be kept in a location 

accessible to the PIC in compliance with the regulations, and , as in Astraeus Aerial, 

compliance with registration and marking requirements of Part 45 may be met9

 because 

the UAS is not granted experimental 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 with N-Number identifiers in a manner which is as large 

as practicable, so that and equivalent level of safety may be achieved. 

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

CellAntenna requests exemption from Section 91.103 of the FAA’s rules, 14 C.F.R. § 

91.103, which requires a PIC to become familiar with specific information before each 

flight, including information contained in the FAA-approved Flight Manual on board the 

 

8

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

9

 Solusia Air, at 5. 

10 Astraeus Aerial, at 14. 
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aircraft. The FAA stated that a UAS operator can comply with the other requirements of 

Section 91.103(b)(2). Pre-flight procedures that require reviewing weather, flight battery 

requirements, landings, and take-off distances and aircraft performance data before 

initiation of flight address the FAA’s concerns regarding compliance with Section 

91.103(b).11 The CellAntenna Manual sets for exactly these pre-flight procedures and 

more. 

CellAntenna will achieve an equivalent level of safety by ensuring compliance with the 

procedures set forth in the CellAntenna Manual. The PIC will review a series of 

checklists designed to identify any defects or inoperable components in in accord with 

the CellAntenna Manual, including checklists covering Pre-Flight, Launch, Landing, and 

Post-Flight procedures. The PIC will also be required to review weather, flight 

requirements, battery charge, landing and takeoff distance, UAS performance data, and 

contingency landing areas – before initiation of flight. The PIC and the Observer will 

take into account the FAA’s stricter requirements with regard to 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 Airworthiness: 14 C.F.R. § 91.7(a) and (b) 

In Solusia Air, the FAA determined that relief from Section 91.7(a) and (b) is 

necessary.12 It determined that compliance with the UAS operating documents to be a 

sufficient means for determining an airworthy condition – based on compliance with the 

operating documents prior to every flight.13 

CellAntenna requests exemption from Section 91.7(a) of the FAA’s rules, 14 C.F.R § 

91.7(a). The CellAntenna and the UAS Manual require the PIC to perform UAS 

inspection prior to every flight. The Manuals set forth standards for test flight after repair 

or significant maintenance, and set forth the timetable for routine maintenance and 

replacement of parts. An equivalent level of safety is achieved 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 rules, 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 flights. Compliance with Section 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 passengers or crew will be 

 

11 Solusia Air, at 5. 

12 In contrast, in Astraeus Aerial, the FAA determined that “because an airworthiness certificate 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 appropriate. 

13 Solusia Air, at 2. 
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onboard, there is no need to specify the places at which the crewmembers will be 

stationed. CellAntenna will achieve an equivalent level of safety because the 

CellAntenna Manual specifies stations 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 altitude 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 altitudes under which aircraft may not operate, including 

500 feet above the surface and away from any person, vessel, vehicle, 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 persons or property on the 

surface,” provided that “each person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA.” 

An exemption is appropriate because in order to conduct aerial observation and filming 

and conduct the RF applications proposed by CellAntenna, a UAS must operate at an 

altitude of lower than 400 feet AGL. Order No. 8900.1 V3, C8, S1 allows UAS 

operations to be closer than 500 feet from persons involved in the flight operations. 

CellAntenna will accomplish an equivalent level of safety by minimizing the dangers 

attendant to the flights generally controlled by Section 91.119. Helicopters, by their size, 

fuel load, and difficulty to control, are much more dangerous than UAS devices. With 

the minimal size, weight, and speed of CellAntenna’s UAS, as well as the CellAntenna 

Manual’s requirement that flights be in restricted areas, a lateral distance of at least 500 

feet from any nonparticipating unshielded 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 terminated. Additionally, the CellAntenna Manual requires that 

UAS operations occur at least 500 feet away from vehicles or structures 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 permission to conduct operations as close as 200 feet from nonparticipating persons with the consent of the Administrator, as granted to Astraeus 

Aerial.14

Even in the closer proximities, CellAntenna’s operations will achieve and equivalent or 

even greater level of safety than that traditionally accomplished by Section 91.119. 

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

CellAntenna requests an exemption from Section 91.121 of the FAA’s rules, 14 C.F.R. § 

91.121, which requires a person operating an aircraft to maintain cruising altitude or 

 

14 Astraeus Aerial, at 20-21. 
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flight level by reference to an altimeter that is set to the elevation of the departure airport 

or barometric pressure. And exemption is required to the extent that UASs do not use a 

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

GPS altitude read out. 

In the grant of the Astraeus Aerial exemption, the FAA has stated than a Section 91.121 

equivalent level of safety can be achieved in circumstances where: 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 point is established for the PIC 

to confirm accuracy of the onboard GPS. 15 

CellAntenna’s UAS meets all of these described operational characteristics. As required 

by the CellAntenna Manual, the PIC will be required to calibrate the aricraft’s GPS 

compass prior to each flight. Like the grant of the Astraeus Aerial exemption, the 

CellAntenna UAS, and the CellAntenna Manual safety mitigation procedures both ensure 

a Section 91.121-equivalent 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 requirements for flight in 

VFR conditions. Section 91.151 requires sufficient fuel onboard to fly to the first point 

of intended landing and then some before a flight may begin. Because UAS devices are 

not powered by “fuel” but by battery power, the fuel requirement is not meaningful in the 

UAS context. 

The FAA has recognized that an equivalent level of safety may be achieved through 

reservation of ample battery power, specified as a reserve of 20% of battery power or 

completion of the flight within 30 minutes flight time, whichever comes first.16

Not only does the CellAntenna Manual specify compliance with the FAA’s battery 

reservation requirement, but CellAntenna’s UAS uses a low battery warning system. The 

amount of battery reserve power remaining will be transmitted to the PIC via telemetric 

data feed, which downlinks from the UAS to a ground-based-on-screen display. As 

specified in the CellAntenna Manual, the PIC will immediately fly the UAS back to the 

home launch location or a pre-determined location at which the UAS may land safely, 

while still maintaining a minimum of 20% reserve battery power. The CellAntenna 

Manual procedures, combined with its flight limitations, the size, 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 may 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, Docket No. FAA-2014-0507, at 15. 
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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 inspected and have discrepancies repaired, in accord with Part 

43 of the FAA’s rules. Part 43 relates to airworthiness certification processes. 

Airworthiness certificates are not appropriately obtained for UAS devices, so that an 

exemption from the Maintenance Inspection rules is appropriate.

CellAntenna will maintain an equivalent level of safety by conducting maintenance and 

inspections in accord with the CellAntenna Manual and the UAS Manual. The PIC will 

conduct a pre-flight inspection of the UAS and all associated equipment to account for 

any discrepancies or inoperable components. CellAntenna will perform and verify 

maintenance to correct any conditions which may affect safe operation of the UAS. No 

flights will be undertaken unless and until all flight-critical components of the UAS have 

been determined to be airworthy and in a safe operation condition. CellAntenna will 

conduct a functional test flight following the replacement or repair of any flight-critical 

components. The PIC will record the functional test flight in the aircraft records upon 

successful completion. 

The CellAntenna Manual also includes requirements to follow manufacturer UAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and life-limit 

specifications for essential components, including: powertrain system (power plant), 

propellers, avionics, and control surfaces (including ailerons/elevens), structures and 

airframe, camera system, electrical systems (including batteries), GCS, hazard 

accessories, and spare parts. The CellAntenna Manual also includes procedures to 

document and maintain a record of the UAS maintenance, preventative maintenance, 

alterations, status of replacement/overhaul component parts, and the total time in-service 

of CellAntenna’s UASs. As a whole, 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 safety, when compared to the FAA’s rules. 

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

Section 61.113 of the FAA’s rules, 14 C.F.R. § 61.113, restricts private pilot certificate 

holders from flying aircraft for compensation or hire. It also would require each PIC to 

hold a second class medical certificate. 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 life, 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 acknowledged that UAS 

operation does not warrant the additional cost and restrictions attendant to requiring a 

PIC for hire to have a commercial pilot certificate and a second class medical certificate. 

CellAntenna will ensure Section 61.113-equivalent safety through the requirements set 

forth in the CellAntenna Manual. The CellAntenna Manual includes the restrictions 
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imposed on Astraeus Aerial in the exemption granted to it. CellAntenna 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 airspace and 

communications issues arising in all aircraft operations and, particularly, in the unique 

aspects of UAS operations. The CellAntenna Manual requires PICs to have UAS 

experience, including flight time logged with the specific make and model he or she 

deploys for each mission. These precautions ensure that CellAntenna’s operations will 

achieve a level of safety equivalent to or even higher than that 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-owned company. It currently has 

policies in place to ensure that no person is under the influence of alcohol or any drug while 

conducting CellAntenna business. Its policies will extend to ensure that no person may 

participate in UAS flight operations under the influence of alcohol 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 process of proposing rules for 

UAS, the FAA’s Office of Aviation Policy and Plans, Economic Analysis Division issued an 

evaluation of the impact of the proposed rules (“OAPP Regulatory Evaluation”). The evaluation 

found both economic benefits and safety benefits in the operation of UAS, particularly to the 

extent UAS replaced more dangerous activities.17 

 

In the OAPP Regulatory Evaluation, the FAA specifically analyzed four UAS commercial 

uses: A) Aerial Photography; B) Precision Agriculture; C) Search and rescue/law enforcement; 

and D) Bridge Inspection. 

A. Aerial Photography 

Considering use of UAS in Aerial Photography, the FAA found that by substituting an 

unmanned aviation operation using a very light aircraft for a more complex manned aviation 

operation that uses a much heavier aircraft, dangers of an accident, to both people onboard and 

on the ground, are minimized. The FAA also recognizes that cost-savings will occur by the 

reduction in cost for aerial photography. 18 

 

17 OAPP Regulatory Evaluation, at 14-26 

18 Id., at 16-17 
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B. Precision Agriculture 

Considering use of UAS in precision agriculture, the FAA recognized the likely limited use 

of UAS in agriculture. The FAA did not expect that UAS would be used to apply pesticides or 

fertilizers, but UAS can be used to monitor application and yields. UAS may be employed to 

collect data on the hydration and general condition of crops. The information gathered allows 

farmers to manage water, insecticide application, and nutrient application. These more efficient 

uses of resources save agricultural investment, increase productivity, and may even have a 

positive impact on the environment.19

C. Law Enforcement 

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

of UAS in law enforcement and disaster 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, runs 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. Additionally, the speed to deployment, the stealth 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 bridges for adequate inspection. Expensive, special equipment 

must be deployed, and often human beings climb the bridges to view bridge conditions up close. 

Use of UAS in bridge inspections bring cost savings and safety benefits.22

E. FAA Precedent 

Even before the FAA conducted its analysis of the public interest benefits of commercial 

deployment of UAS, the FAA recognized its benefits. In granting the dozens of exemptions 

granted so far, the FAA found that UAS operations significantly improve safety and reduce risk 

by alleviating the public’s exposure to danger and emissions associated with traditional aircraft 

and helicopter operation. CellAntenna’s proposed operations will 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. Particularly, in the recent grant to Jeffrey J. Walsh,23 the FAA 

noted that the enhanced safety achieved using an unmanned aircraft (UA), as proposed by Mr. 

 

19 Id., at 18 

20 CellAntenna’s long service to law enforcement agencies is documented, in part, in its efforts to eradicate 

contraband wireless devices from 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. 
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Walsh and CellAntenna, 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 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 petitioners. Pursuant to Section 11.87 of the FAA’s rules, 

CellAntenna asks that the FAA forego publication of its petition in the FEDERAL REGISTER. If the 

FAA determines that FEDERAL REGISTER publication is necessary, CellAntenna provides the 

following summary for publication in the FEDERAL REGISTER. 

CellAntenna seeks an exemption from the several provisions of Title 14 of the Code of 

Federal Regulations. Specifically: 

Part 21, Subpart 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). 

The requested exemption will enhance public safety by reducing risk to the general 

public and property owners from the substantial hazards associated with performing 

equivalent work with conventional fixed-wing aircraft, rotorcraft, or other methods. 
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G. Conclusion 

CellAntenna’s Petition for exemption satisfies the criteria articulated in Section 333 of the 

Reform act, including size, weight, speed, and operational capability, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed UAS operations 

will benefit the public as a whole by improving safety and reducing risk by alleviating human 

exposure to danger. In consideration of the foregoing, this Petition for Exemption provides the 

FAA with sufficient justification for grant of the request allowing CellAntenna to perform 

commercial operations using UAS. 

CellAntenna appreciates your prompt consideration of its Petition. Should questions arise, 

please give me a call to discuss. 

 Very truly yours, 

 

 Marjorie K. Conner 

 Counsel to CellAntenna Corporation 

Attachment A: CellAntenna Manual 

Attachment B: UAS Manual 

Attachments contain proprietary 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 with 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