May 8, 2015 United States Department ofTransportation Federal AviationAdministration DocketManagement System 1200 NewJersey Avenue, NE Washington, DC 20590 Filedinwww.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: Petitionfor Exemption ofBitcentral, Inc. under Section 333 oftheFAA Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11 Bitcentral, Inc., by itselfand through its counsel, hereby seeks an exemptionfrom 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 ofthe Federal Aviation Regulations, to allow Bitcentralto 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 reliefrequested herein is in all material respects similar to the reliefrequested 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 summaryprocessing ofthis petition. Bitcentral is the leading provider oftelevision news production systems in the United States with over 200 local TV stations using our technology to manage their entire video workflow from camerato air. Bitcentral customers include broadcasters suchas 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 1 1333 New HampshireAvenue, N.W. IWashington, D.C. 20036-1564 1202.887.4000 1 fax 202.887.4288 1akingump

.com Bitcentral l 4340 Von Karman, Suite 400, Newport Beach, CA 92660 I Ph. 949 253 9000 I bitcentral.comBitcentral, Inc. Petition for Exemption May 8, 2015 Page 2

captured from the ground or even ahelicopter. This fosters a better awareness ofthe community in which people live as well as providing a more realistic view ofnews and events. Broadcasters already use helicopters and have well-established guidelines on privacy and ethical use ofvideo 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. Itis 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 ofhard 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 commonnewsgathering practice. Fred Fourcher, the CEO ofBitcentral, is a 3,500-hourinstrumentratedprivate pilot and recipient ofthe 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 ofmembers 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 ofviewto 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 ofour process will be to determine the best UAS for each kind ofevent. 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 adistance. 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 ofthe UAS and have at least 50 hours operating ofthe UAS types outlined above. The name ofthe 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.comBitcentral, 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 VPRconditions) 14 C.P.R. 91.405 (a) and (b) (maintenance) 14 C.P.R. 91.407(a)(1) (approval for returnto service) 14 C.P.R. 91.409(a) (annual and airworthiness certificationinspection) 14 C.P.R. 91.417(a) and (b) (maintenancerecords)
Safety equivalence ornoadverse effectonsafety UnmannedAerialVehicle and System The 

### P AA is well familiar withthe DJI models, as ithas 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), andNo. 11425 (Elevated Images). In the event ofaloss ofGPS signal, the UAVs will not lock in its position and automatically go to ATTl mode and remain stable. Should there be a loss of power, the pilothas control ofthe UAVs to perform auto rotation capability and landthe aircraft. Ifa UAV encounters an unexpected obstacle, the pilot will either divertthe flight ormaintainthe UAV in a safe hoverposition away from the obstacle. 1
Given its small size, operational capabilities, and restricted area in whichthe UAVs 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 ofsafety 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 subjectto such conditions.

1We believe that, based on previously filed petitions, FAA is in possession ofthe manufacturer's manual for each DJI UAS model type Bitcentralproposes to operate. We will provide any manual to the FAA upon request.Bitcentral, Inc. Petitionfor 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 anexemptionto Clayco, ExemptionNo. 11109, atpage 10: The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. The risk to an onboardpilot and crew during an incident or accident is eliminated withthe use ofa UA for the aerial filming operations. For the reasons outlined above, Bitcentral also seeks an exemption from the certification requirements for normal categoryrotorcraft 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 UAV before and after each operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth inits 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 ifthe inspection reveals a conditionthat adversely affects the safety ofoperations, 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 operationor 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 ofwork accomplished, and the signature ofthe UAV technicianwho returnedthe 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 ofthe UAV as part ofa proposed industry wide program with DJI. Bitcentral's UAVs are equipped with an altimeter that provides the pilot with a constant digital display ofaltitude. Moreover, the UAVs will be operated within the visual line ofsight ofthe pilot in command and observer and below 400 feet, above vacant property. Accordingly, Bitcentral does notbelieve an exemptionfrom 14 C.F.R. 91.121 is required.Bitcentral, Inc. Petitionfor 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,withinthe battery capacity oftheUAV. UAV andUAS OperatorQualifications andTraining In support ofBitcentral'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 ofsafety 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 ofthe 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 verificationthroughtesting. Accordingly, the FAA should grant appropriate exemptionreliefto permitBitcentral to use pilots who have successfully completed commercial UAS training and have also gained flying experience usingthe DJI UAS platforms. 

### VAV andUAS OperatingParameters 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 ofthe 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 operationwithin five miles ofan 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 Vs are equipped with LED lighting visible for 3 miles. Accordingly, we do notbelieve an exemptionfrom 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 otherthan populated orcongested, and not closerthan 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 ofsight ofthe pilot and an observer. Combined with theBitcentral, Inc. Petitionfor Exemption May 8, 2015 Page 6

technological capabilities oftheUAVs, Bitcentral submits that its operational limitations provide an equivalent level ofsafety to thatprovidedin section 91.119. Requestto revisestandardterms andcondition Inthree respects, Bitcentralrequests the FAA modify its standardterms and conditions to accommodate news gathering operations while maintain an equivalent level ofsafety. First, paragraph 16 of the standard terms and conditions provides: The UA may not operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA Airport /

Facility Directory (AFD) orfor airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA-published aeronautical chart , unless a letter of agreement with that airport's management is obtainedor otherwisepermittedby a COA issued to the exemption holder. The letter ofagreement 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 ofthe City ofLos Angeles at 468 square miles

. Bitcentral proposes a practical modification to the 5 nautical mile limitation for purpose ofthis exemption. We would propose revising the distance requirement to 1 mile ofan ARP. Bitcentral proposes to maintain safety withrespectto persons onthe ground bylimiting the altitude ofoperations 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 ifany leadtime before an operationbegins. Second, paragraph 26 ofthe standardterms and conditions (adapted from FAR91.119(c), from which Bitcentral seeks an exemption above), provides:AllFlight operations mustbe conducted atleast500 feet from allnonparticipatingpersons , vessels, vehicles, andstructures. This limitationwould also unduly limitthe coverage ofnews. 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 protectthepublic safety. Third, paragraph27 ofthe standardterms and conditionsprovides:AlloperationsshallbeBitcentral, Inc. Petitionfor Exemption May 8, 2015 Page 7

conductedoverprivate orcontrolled-accesspropertywithpermission from thepropertyowner. Today broadcasters operate manned helicopters over private property and do not have to obtain permission from property owners.This condition would severely limitthe ability ofbroadcasters to cover news as they do today for the benefit ofthe public. The UAS models Bitcentral intends to operate have safety features that ensure the UAV does not come close to persons other than the operator during takeoff and landing. In many situations, the UAV 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 ofa 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 overprivate propertyto film a news event. Operation of a small and very lightUAVposes a significantly smallerriskto persons onthe 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 ofthe workflow process will benefit the broadcastindustry, the UAV industry, the public, andthe 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 ofsuch operations. Bitcentral is willing to work with the FAA, through CNN orindependently as part ofthis Pathfinderproject. Operating UAVs 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 thanwithmanned helicopters. Operations limitedto the UnitedStates Bitcentral does not intend to operate its UAV outside ofthe United States.Bitcentral, Inc. PetitionforExemption May 8, 2015 Page 8

Summary forFederalRegister Bitcentral submitsthe following summaryto beincludedinthe Federal Register, shouldthe FAA determine thatpublication ofa summary is required. Aerial videography for thetelevision,print and onlinenews industry Because grantingthis petitionwouldnot set aprecedent, andindeed wouldbe consistentwith the terms and conditions ofprevious exemptions, Bitcentralrespectfullyrequests the FAA dispense withFederal Registerpublication andpublic comment. Sincerely,

FredricFourcher CEO, Bitcentral, Inc.



# ~W Gregory S. al e Akin



# s Hauer& Feld