May 8, 2015 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

AkinGump 

STRAUSS HAUER & FELD LLP 

b1tcentral r. 

GREGORY S. WALDEN 

+1 202.887.4213/fax: +1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption ofBitcentral, Inc. under Section 333 ofthe FAA 

Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11 

Bitcentral, Inc., by itself and through its counsel, hereby seeks an exemption from certain Federal 

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

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

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

allow Bitcentral to operate the DJI-manufactured S900, S1000+, Phantom 2 Vision+, Phantom 3, 

Inspire 1, and later models manufactured by DJI, to develop UAS-based news workflows for 

television broadcasters. 

Because the relief requested herein is in all material respects similar to the relief requested in 

previously granted exemptions, and because Bitcentral agrees to abide by and comply with the 

terms and conditions in those exemptions, as revised in three respects as requested below, 

Bitcentral respectfully requests summary processing of this petition. 

Bitcentral is the leading provider of television news production systems in the United States with 

over 200 local TV stations using our technology to manage their entire video workflow from 

camera to air. Bitcentral customers include broadcasters such as Gannett, CNN, Hearst, Fox, etc. 

For example, local affiliates of CNN (with which FAA has recently announced a partnership) 

send the video obtained from a local UAS operation using Bitcentral's workflow technology. 

UASs provide not only a better image to the audience they provide an entirely unique point of 

view. Local broadcasters serve the public good by delivering compelling video images on local 

news every day. UASs will enable broadcasters to provide the public with images that cannot be 

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W. I Washington, D.C. 20036-1564 1202.887.4000 1 fax 202.887.4288 1 akingump.com 

Bitcentral l 4340 Von Karman, Suite 400, Newport Beach, CA 92660 I Ph. 949 253 9000 I bitcentral.com 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page 2 

captured from the ground or even a helicopter. This fosters a better awareness of the community 

in which people live as well as providing a more realistic view of news and events. Broadcasters 

already use helicopters and have well-established guidelines on privacy and ethical use of video 

shot from the air. UAS operations would adhere to the broadcasters' journalistic standards and 

comply with current local, state and federal regulations. 

Bitcentral is interested in developing practical UAS-based workflows for broadcasters. It is easy 

to produce compelling video from the air with a UAS; however, the process by which it makes it 

to your TV in the living room is what Bitcentral specializes in. Refining this process requires a 

lot of hard work to make it reliable, repeatable and safe. Getting into the field and covering real 

events is what it takes to engineer and document a process that news operations can follow as 

well as sharing this process with the FAA and all broadcasters as practical experience for what 

will eventually become a common newsgathering practice. 

Fred Fourcher, the CEO ofBitcentral, is a 3,500-hour instrument rated private pilot and recipient 

of the AOPA Sharples Award for the most significant contribution to aviation by an individual in 

2007. Mr. Fourcher is also the founder and past President of the Southern California Pilots 

Association, which has grown to hundreds of members across Southern California. Mr. Fourcher 

is also a member of the National Association of Broadcasters and is considered an industry 

thought leader. Mr. Fourcher's goal is to combine practical knowledge from aviation and 

broadcast in order to help facilitate a productive, safe and reliable way that UAS can be used by 

broadcasters to deliver compelling images and unique points of view to the public. 

The DJI-manufactured UASs will be used to cover news and weather events and to shoot 

promotional video. Each of the three DJI UAS models has unique abilities for broadcast 

operations and part of our process will be to determine the best UAS for each kind of event. For 

example the DJI Phantom weighing less than 3 pounds may be more suitable for operations 

closer to people however the 10-pound S1000+ can support a zoom lens camera and could 

operate at a distance. 

The UAS operator will hold a private pilot certificate with a class III medical certification and 

will operate the UAS in compliance of the terms and conditions of the 333 exemption. In 

addition any private pilot employed by Bitcentral will undergo thorough training and prove 

proficiency in the operations of the UAS and have at least 50 hours operating of the UAS types 

outlined above. 

The name of the applicant is Bitcentral, Inc. The primary Bitcentral contact is the company 

CEO, Fred Fourcher. The address is 4340 Von Karman, Suite 400, Newport Beach, CA 92660. 

E-mail: fred@bitcentral.com, phone 949 417 4111 web: www.bitcentral.com 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page 3 

Exemptions requested 

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

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

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

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

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

14 C.P.R. 91.151(a) and (b) (fuel requirements in VPR conditions) 

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

14 C.P.R. 91.407(a)(1) (approval for return to service) 

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

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

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicle and System 

The P AA is well familiar with the DJI models, as it has granted several exemptions under section 

333 for operators proposing to use this unmanned aircraft. See, for example, Exemption No. 

11406 (Stringer News Service), No. 11437 (Marcus D. Melhus), No. 11423 (Stunning Heights), 

and No. 11425 (Elevated Images). In the event of a loss ofGPS signal, the UAVs will not lock in 

its position and automatically go to A TTl mode and remain stable. Should there be a loss of 

power, the pilot has control of the UAVs to perform auto rotation capability and land the aircraft. 

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

UAV in a safe hover position away from the obstacle. 1 

Given its small size, operational capabilities, and restricted area in which the UA V s will operate, 

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

warranted, as Bitcentral's UAVs satisfy the equivalent level of safety as compared with manned 

aircraft and meets the criteria in section 333. Operating the UAVs without an airworthiness 

certificate under the conditions proposed will be safer than current broadcasters operating a 

manned helicopter with an airworthiness certificate and not subject to such conditions. 

1 We believe that, based on previously filed petitions, FAA is in possession of the manufacturer's manual for each 

DJI UAS model type Bitcentral proposes to operate. We will provide any manual to the FAA upon request. 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page4 

The DJI models are all light-weight: the Inspire 1 with payload is less than 6.5 pounds; the DJI 

Phantom is only 2.8 pounds, and the S900 and S1000+ are about 10 pounds. As the FAA has 

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

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

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

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

UA for the aerial filming operations. 

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

requirements for normal category rotorcraft in Part 27. 

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

91.409(a)(l) and (2), and 91.417(a) and (b), Bitcentral will adhere to the following inspection 

and maintenance program: Bitcentral will inspect the UA V before and after each operation, as 

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

Handbook (provided to the FAA separately from this document). Before each flight, the pilot in 

command will inspect the UAV to ensure it is in a safe condition for flight. The preflight 

inspection will account for any discrepancy, such as an inoperable component, item, or 

equipment. Bitcentral will not initiate a flight if the inspection reveals a condition that adversely 

affects the safety of operations, and will not operate that UAV until it is found to be in a safe 

condition. Any UAV that has undergone maintenance or an alteration that affects the UAV's 

operation or flight characteristics will undergo a functional flight test before return to service. 

Bitcentral will follow DJI's UAV requirements relating to components, maintenance, overhaul, 

replacement, inspection and life limits. Bitcentral will record all maintenance, alterations, and 

the functional flight test in the UAV logbook, including total flight hours, description of work 

accomplished, and the signature of the UAV technician who returned the UAV to service. These 

records with be used to establish similar criteria as aircraft best practices, like Mean Time 

Between Failures, Total Time Since New, Time Between Inspections, Time Since Inspection, 

Time Since Overhaul and others through tracking, hours, landings, cycles and dates on each 

ratable and consumable part of the UAV as part of a proposed industry wide program with DJI. 

Bitcentral's UAVs are equipped with an altimeter that provides the pilot with a constant digital 

display of altitude. Moreover, the UAVs will be operated within the visual line of sight of the 

pilot in command and observer and below 400 feet, above vacant property. Accordingly, 

Bitcentral does not believe an exemption from 14 C.F .R. 91.121 is required. 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page 5 

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

91.15l(a) and (b), Bitcentral notes that its UAVs are battery-powered and are operated for brief 

periods oftime, within the battery capacity ofthe UAV. 

UAV and UAS Operator Qualifications and Training 

In support of Bitcentral's request for an exemption from the pilot certification and qualifications 

requirements in 14 C.F.R. 61.113(a) and (a), Bitcentral asserts that an equivalent level of safety 

is achieved by the UAV-specific experience of its Pilots. Each Bitcentral pilot will hold a 

current FAA pilot certificate with the class III medical certification and have at least 50 hours of 

UAS operation of the DJI platforms. The FAA considers the overriding safety factor for the 

limited operations proposed by the petitioner to be the airmanship skills acquired through VASspecific flight cycles, flight time, and specific make and model experience, culminating in 

verification through testing. 

Accordingly, the FAA should grant appropriate exemption relief to permit Bitcentral to use pilots 

who have successfully completed commercial UAS training and have also gained flying 

experience using the DJI UAS platforms. 

VA V and UAS Operating Parameters 

Bitcentral will operate its UAVs in full compliance with the terms and conditions of the 

exemption, the particular manufacturer's manual, and in accordance with its handbook. All 

flights will be conducted within the visual line of sight of the pilot in command. Although a 

UAV may be operated in a metropolitan area, it will be flown below 400 feet AGL, and 

Bitcentral will notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic 

Control for any operation within five miles of an airport. 

Bitcentral will limit its operations to daytime Visual Flight Rules ("VFR") plus 30 minutes 

before sunrise and 30 minutes after sunset (dusk), with each operation ending no later than 30 

minutes after sunset. The UA V s are equipped with LED lighting visible for 3 miles. 

Accordingly, we do not believe an exemption from 14 C.F.R. 91.209 is necessary. 

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

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

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

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

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

operations in mind. While Bitcentral may operate its UAVs in a metropolitan area, the UAVs 

will be operated within the visual line of sight of the pilot and an observer. Combined with the 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page 6 

technological capabilities ofthe UAVs, Bitcentral submits that its operational limitations provide 

an equivalent level of safety to that provided in section 91.119. 

Request to revise standard terms and condition 

In three respects, Bitcentral requests the FAA modify its standard terms and conditions to 

accommodate news gathering operations while maintain an equivalent level of safety. 

First, paragraph 16 of the standard terms and conditions provides: The UA may not operate 

within 5 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 FAA-published aeronautical chart, unless a letter of 

agreement with that airport's management is obtained or otherwise permitted by a COA issued 

to the exemption holder. The letter of agreement with the airport management must be made 

available. 

This limitation makes it impractical to cover news and events in a large city. For example in the 

Los Angeles basin this would eliminate over 500 square miles from news coverage. That is 

almost the size of the City of Los Angeles at 468 square miles. Bitcentral proposes a practical 

modification to the 5 nautical mile limitation for purpose of this exemption. We would propose 

revising the distance requirement to 1 mile of an ARP. Bitcentral proposes to maintain safety 

with respect to persons on the ground by limiting the altitude of operations between one mile and 

5 miles from an ARP to below 200 feet AGL. Bitcentral also proposes to notify airport 

management of any operation within 5 miles of an ARP, but does not believe a letter of 

agreement is necessary or practical for news gathering operations in which there is little if any 

lead time before an operation begins. 

Second, paragraph 26 of the standard terms and conditions (adapted from FAR 91.119( c), from 

which Bitcentral seeks an exemption above), provides: All Flight operations must be conducted 

at least 5 00 feet from all nonparticipating persons, vessels, vehicles, and structures. 

This limitation would also unduly limit the coverage of news. This rule is appropriate for a 2,000 

lb. aircraft operating at over 100 miles per hour. For a UAV 3 to 10 lb. UAV operated by a 

certificated pilot, this limitation is not necessary to protect the public safety. Broadcasters have 

significant concerns about liability and would not permit an operation that could endanger any 

person on the ground. The DJI UAV models can each be operated with appropriate distances 

from individuals so as to protect the public safety. 

Third, paragraph 27 of the standard terms and conditions provides: All operations shall be 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page 7 

conducted over private or controlled-access property with permission from the property owner. 

Today broadcasters operate manned helicopters over private property and do not have to obtain 

permission from property owners. This condition would severely limit the ability of broadcasters 

to cover news as they do today for the benefit of the public. The UAS models Bitcentral intends 

to operate have safety features that ensure the U A V does not come close to persons other than 

the operator during takeoff and landing. In many situations, the UA V will simply transit the 

airspace above private property; no notice or consent is practical or necessary for such a brief 

period in which the UAV traverses private property. At the site of a news event, the UAV may 

hover or circulate for a period of time over private property, but at a safe altitude with 

technological features to maintain altitude and return to base in a loss link scenario. Currently, 

manned helicopters hover and circulate over private property to film a news event. Operation of 

a small and very light UAV poses a significantly smaller risk to persons on the ground. 

Public interest 

Bitcentral works with local broadcasters to provide news coverage never before obtainable from 

the ground or by manned helicopter. Bitcentral will provide its broadcast customers with the 

ability to cover news and events using a UAV for both testing and operations. This video will 

provide the public with a perspective on news and events they have never seen before. In 

addition, Bitcentral's engineering and documentation of the workflow process will benefit the 

broadcast industry, the UAV industry, the public, and the FAA. 

The FAA's May 6 announcement of a partnership with CNN to conduct practical research of 

news gathering operations over people not directly involved with the operations shows that the 

FAA regards such operations to be in the public interest provided that research and study can 

confirm the safety of such operations. Bitcentral is willing to work with the FAA, through CNN 

or independently as part of this Pathfinder project. 

Operating UA V s under the limitations proposed by Bitcentral will avoid any risk of harm to 

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

manned helicopters. Finally, UAV operations will also require a much smaller energy footprint 

than with manned helicopters. 

Operations limited to the United States 

Bitcentral does not intend to operate its UAV outside of the United States. 
Bitcentral, Inc. Petition for Exemption 

May 8, 2015 

Page 8 

Summary for Federal Register 

Bitcentral submits the following summary to be included in the Federal Register, should the 

FAA determine that publication of a summary is required. 

Aerial videography for the television, print and online news industry 

Because granting this petition would not set a precedent, and indeed would be consistent with the 

terms and conditions of previous exemptions, Bitcentral respectfully requests the FAA dispense 

with Federal Register publication and public comment. 

Sincerely, 

Fredric Fourcher 

CEO, Bitcentral, Inc. 

Gregory S. al e ~W Akin s Hauer & Feld