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February 18, 2016 

James Lemon, attorney

Pioneer Telephone Cooperative, Inc.

108 East Robberts Ave.

Kingfisher, OK 73750

(405) 375-0754

jelemon@ptci.com

U.S. Department of Transportation

Docket Operations

West Building Ground Floor

Room W12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590-0001

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11 

Dear Sir or Madam: 

Pioneer Telephone Cooperative Inc. (Pioneer) located at 108 East Robberts Ave., Kingfisher, OK 73750 and 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 

C.F.R. Part 11, respectfully requests exemptions from several provisions of the Federal Aviation 

Regulations ("FAR"), specifically Section 333 which authorizes the FAA to determine: 

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do not 

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

and 

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

Proposed Operations

We are writing to request that Pioneer, an owner and operator of small unmanned aircraft, be exempted 

from the Federal Aviation Regulations ("FARs") listed below so that Pioneer, may operate its small

unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration ("FAA"); as long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

Pioneer is engaged in the aerial photography of structures using lightweight, remote controlled UAS's in 

remote areas to minimize the need to climb such structures. 

Pioneer has fully equipped each of its small unmanned aircraft for aerial photography, primarily for use in 

the inspection of towers and structures that would otherwise require climbing at great risk to the 
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personnel involved, though given the stability and maneuverability, they may be used for other 

photography including video. 

Pioneer’s current UAS fleet includes a DJI Phantom 3, a DJI Phantom 2, and a DJI Inspire 1, all equipped 

with cameras for aerial photography.

Pioneer’s exemption request would permit its operation of lightweight, unmanned (remotely controlled 

in line of sight) UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas 

of operation, sectioned off locations will allow Pioneer to operate within current safety parameters and 

new ones being implemented. As identified, similar lightweight, remote controlled UAS's are legally 

operated by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. 

Granting Pioneer's request comports with the Secretary of Transportation's (FAA Administrator's) 

responsibilities to not only integrate UAS's into the national airspace system, but to "... establish 

requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system" 

under Section 333 of the Reform Act. Further, Pioneer will conduct its operations in compliance with the 

protocols described herein or as otherwise established by the FAA. 

The Extent of Relief Pioneer Seeks and the Reason It Seeks Such Relief: 

Pioneer submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief 

from any currently applicable FAR's operating to prevent Pioneer contemplated commercial inspections, 

research and other flight operations within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace system as it is 

in the public's interest to do so. Pioneer lightweight UAS's meet the definition of "small unmanned 

aircraft" as defined in Section 331 and therefore the integration of Pioneer lightweight UAS's are expressly 

contemplated by the Reform Act. Pioneer would like to operate its lightweight UAS's prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform 

Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace 

system. Considerations include: 

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near airports 

or populated areas; and, Whether the UAS will be operated by line of sight. 

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for Pioneer. 

Pioneer UAS's use multi counter-rotating propellers for extreme balance, control and stability. They each 

typically weigh less than 55 pounds, including camera or other equipment. Each of Pioneer's small 

unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum 

speed. They are capable of vertical and horizontal operations but operate only within the line of sight of 

the remote control pilot. Pioneer seeks to ensure safe operation by ensuring that any remote control 

pilot is thoroughly versed in airspace and communication issues pertaining to all aircraft operators, but 

also in the unique aspects of UAS flight. Pioneer’s UAS’s remote control pilots all study operation of UAS’s 

before utilizing UAS’s in controlled airspace. In addition to the remote control pilot, Pioneer uses a camera 

operator, such that, at minimum, two Pioneer personnel govern the safe flight of Pioneer aircraft at all 

times. 
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Pioneer UAS’s have operating frequencies between 5.725 GHz and 5.85 GHz which complies with FCC and 

other government requirements.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. 

Pioneer does not operate its UAS's with less than twenty five percent battery capacity. Safety systems in 

place include a GPS mode that allows Pioneer UAS's to hover in place if communication with the radio 

control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. 

Further, Pioneer’s fleet is programmed, in all instances, to immediately return to a pre-determined

location within the planned operating area and land or be recovered in accordance with the operating 

documents if communications are lost or loses its GPS signal. 

Pioneer does not operate its UAS's within five nautical miles of an airport reference point denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with the airport’s management is 

obtained, and is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management will be made available to the Administrator upon request.

Pioneer operation of its fleet of small unmanned aircraft will not "create a hazard to users of the national 

airspace system or the public." 112 P. L. 95 § 3 3 3 (b). Given the small size and weight of Pioneer UAS's, 

combined with their operation in cordoned off and well-controlled areas, Pioneer fleet falls within 

Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding 

directive to integrate UAS's into the national airspace system. Indeed, Pioneer UAS's have a demonstrable 

safety record and do not pose any threat to the general public or national security. The FAA has the 

authority to issue the exemption to Pioneer pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as 

amended (the "Act"). 

Commercial and Public Benefits

Granting Pioneer exemption request furthers the public interest. First, Congress has already pronounced 

that it is in the public's interest to integrate commercially flown UAS's into the national airspace system, 

hence the passing of the Reform Act. Second, Pioneer conducts visual inspectionsthrough UAS’s to ensure 

tower and antenna integrity and safety. The public has an interest in reducing the danger associated with 

current tower inspection methods, namely, resorting to physically climbing high or compromised 

structures to inspect. 

Granting Pioneer exemption request substantially furthers the public's interest in ways known and 

currently unknown. Permitting Pioneer to immediately fly within the United States enables Pioneer to 

inspect and maintain its networks which provide communications to much of rural Oklahoma and Kansas. 

Reasons Why Pioneer Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide 

a Level of Safety At Least Equal To Existing Rule: 

Pioneer exemption will not adversely affect safety. 

Pioneer UAS's weigh less than 55 pounds complete with cameras. 

Pioneer only operates its UAS's below 400 feet; 

Pioneer UAS's only operate for 5-20 minutes per flight; 
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Pioneer lands its UAS's when they reach 25% battery power; 

Pioneer remote control pilots operate Pioneer UAS's by Visual Line of Sight (VSOL) 

Pioneer UAS's have GPS flight modes whereby they hover and then slowly land if communication with the 

remote control pilot is lost or battery power is below 25%;

Pioneer actively analyzes electronic flight data and other sources of information to constantly update and 

enhance safety protocols; 

Pioneer only operates in secured areas that are strictly controlled, are away from airports and populated 

areas;

Pioneer conducts extensive briefings prior to flight, during which safety carries primary importance; 

Pioneer always obtains all necessary permissions and permits prior to operation; 

Pioneer provides a level of safety at least equal to existing rules, and in nearly every instance, greater than 

existing rules. It is important to note that absent the integration of commercial UAS's into our national 

airspace system, helicopters are the primary means of aerial photography. While the safety record of such 

helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. 

First, the potential loss of life is diminished because UAS's carry no people on board and Pioneer only 

operates in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus 

the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability 

of Pioneer UAS's allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, 

even when close enough to capture required images, Pioneer UAS's need not be so close to the objects 

they are focused on. Accordingly, Pioneer UAS's have operated and will continue to operate at and above 

current safety levels. 

Regulations from which the exemption is requested:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, 

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of Pioneer

UAS's permits exemption from Part 21 because Pioneer UAS's meet an equivalent level of safety pursuant 

to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S. C. § 44701 (f)) and 

A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. Pioneer UAS's meet or exceed each of the 

elements. 14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a manual at the flight operations center. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 

10167A, 10602, 10700 and 32827. 
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14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Pioneer UAS's utilize electronic 

global positioning systems and internal gyroscopes to provide spatial coordination. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They 

are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by 

maintaining such certifications and registrations at the Pioneer flight operations center. 

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be 

marked according to certain specifications. Pioneer UAS's are, by definition, unmanned. They therefore 

do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch 

lettering is difficult to place on such small aircraft. The FAA has previously issued exemptions to this 

regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), 

private pilots are limited to non-commercial operations. Pioneer can achieve an equivalent level of safety 

as achieved by current Regulations because Pioneer UAS's do not carry any pilots or passengers. Further, 

while helpful, a pilot license will not ensure remote control piloting skills, though Pioneer pilot vetting,

self-administered UAS flight training, and internal procedures will. All Further, the risks attendant to the 

operation of Pioneer UAS's is far less than the risk levels inherent in the commercial activities outlined in 

14 C.F.R. § 61, et seq. 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C. F. R. § 91.119 prescribes safe altitudes for the operation 

of civil aircraft. It allows Helicopters to be operated at lower altitudes in certain conditions. Pioneer UAS's 

will never operate at an altitude greater than 400 AGL. Pioneer will, however, operate its UAS's in 

sectioned off areas with security perimeters, providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of Pioneer UAS's, 

an equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited 

Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph C of this section, have discrepancies repaired as prescribed in part 43 of this chapter." 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to Pioneer should its requested exemption be granted. Pioneer conducts an extensive maintenance 

program that involves constant inspection for assessment of any damaged hardware. Therefore, an 

equivalent level of safety will be achieved. 

Summary 

Pioneer seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 

14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 

91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 

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

C.P.R.§§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and lightweight 

unmanned aircraft for aerial photography including video and primarily used in the inspection of towers 

and structures that would otherwise require climbing at great risk to the personnel involved. Granting 

Pioneer request for exemption will reduce current risk levels and thereby enhance safety. 
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Further, Pioneer operates at lower altitudes and in controlled airspace. There are no people on board 

Pioneer UAS's and therefore the likelihood of death or serious bodily injury is significantly limited. Pioneer

operation of its UAS's, weighting less than 55 pounds and traveling at speeds lower than 50 knots in 

cordoned off areas will provide at least an equivalent level of safety as that achieved under current FARs. 

Pioneer respectfully requests that the FAA grant its exemption request without delay. The FAA has the 

authority to issue the exemption sought by Pioneer pursuant to the Federal Aviation Act, 85 P.L. 726 

(1958), as amended (the "Act"). 

By 

James Lemon, attorney

Pioneer Telephone Cooperative, Inc.

108 East Robberts Ave.

Kingfisher, OK 73750

(405) 375-0754

jelemon@ptci.com