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Cleared for Takeoff

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Back in the fall of 2015, I authored three “Video World” articles for PLSN regarding the emerging drone revolution, and its remarkable impact on our AV industry. Also known as Unmanned Aerial Vehicles (UAV) or Unmanned Aircraft Systems (UAS), these versatile drones are being used for both primary and B-roll footage in everything from commercials to documentaries to network programming. Lately, we’ve come to expect that dramatic shot that rises up over the trees, or that flies along the river — and the footage is breathtaking.

Amateurs and hobbyists are typically using their basic drones in conjunction with GoPro systems, while the professionals are mounting high-end video cameras underneath drones that are capable of carrying heavier payloads. These more advanced drones often require two operators — a pilot and a cameraman. There’s even an upstart Drone Racing League due to hit the airwaves this fall. And just the other day, walking through my local Best Buy, I stumbled upon an aisle exclusively devoted to drones and drone accessories, complete with slick point-of-purchase videos. Clearly, something wonderful is happening.

The Barriers are Down

As of last fall, the regulatory issue was the stumbling block to wider UAV adoption, and the ability to fly a drone legally. A prospective videographer (or commercial enterprise) had to obtain an exemption from the FAA (Federal Aviation Administration), complete a form stating their commercial purpose, and obtain an airworthy certificate that demonstrated their competency in flying an aircraft — clearly, a lengthy and complex process.

But as of August 29, 2016, there’s been a sea change. The FAA issued a new small UAS rule known as Part 107, the context of which completely changes the regulatory landscape. In brief, special exemptions are no longer required. To qualify for a remote pilot certificate, you must be over age 16, pass a background check, and take a knowledge test at an FAA-approved facility. In addition, UAS operators must keep their drones within their line of sight, restrict their speed to 100 mph, and fly only during the daytime (or twilight, if anti-collision lights are installed on the drone). For individual videographers and companies that are considering creating a drone-centric department, Part 107 is a major milestone, and the impact should be profound.

Let’s say you’re a video production company, and you’d like to add a drone department with licensed pilots. Let’s say you’re a commercial enterprise, a state or local agency, a utility, or perhaps a first responder — each with the need to add a UAV department with licensed and trained personnel. In each case, the barriers are down.

Far-Reaching Impact

To get a better perspective on the impact of Part 107, I followed up with two industry leaders that I interviewed previously for my PLSN articles. Tom McMahon is the Vice President for Advocacy & Public Affairs at AUVSI, the Association for Unmanned Vehicle Systems International.

“From the technology and policy point of view, the rule that the FAA implemented in August is actually going to permit more commercial operators to take to the skies,” said McMahon. “The big hurdle before was that we were caught in the exemptions process, which was the only way for the FAA to permit commercial UAS operations. Nothing was in place to permit unmanned operations. So Part 107 is a step towards integrating all UAS in the airspace. It permits small remotely-operated aircraft weighing less than 55 pounds to take to the skies. Operators need to successfully pass a knowledge test, get a TSA background check, and pay any required fees.

“In the past year or so, the FAA had only granted 5,500 exemptions, because the process was a long one,” McMahon continued. “You had to have a manned aviation license in order to fly, and most companies didn’t. With this new rule, and with the knowledge test replacing the manned aviation license requirement, we’re going to see literally hundreds of thousands of companies get licensed to fly commercial UAS. In fact, Michael Huerta, the FAA’s current Administrator, predicted at a news conference that there will be 600,000 commercial remote pilot permits granted by the end of next year.”

A Defining Point

Kevin Kelly is President and COO of Stampede and the gentleman responsible for launching the wildly-successful drone pavilions at InfoComm. From the AV integrator’s viewpoint, his perspective is sheer enthusiasm. “It’s mainstream now — it’s not a niche, and I’m thrilled that we have clarity,” said Kelly. “I’m also confident that the industry will develop faster and produce a more comfortable environment for individuals and companies to make an investment in this technology.

“Part 107 is the single action that takes this from a specialist subset to a mainstream category,” Kelly continued. “For several years, drone technology has been supported by a network of startups. But now, we’re going to see that Part 107 is the defining point on the graph that opens this to the mainstream for the professional AV world. And as the market becomes mainstream, the number of innovations will grow and develop and expand the ways in which people are using this technology. This continues the cycle of innovation. This is the time to get into the category and the time to invest in developing the expertise to incorporate these technologies into your company’s total portfolio of solutions. If you don’t, your competitors will!”

An Interesting Parallel

With the impact of Part 107, Kelly draws a parallel to a commercial event back in the early 90’s. “As past history goes, I can liken this to the early days of two-way radios,” said Kelly. “At that time, professional two-way radio
operations required a license in the U.S., and the license was about $1,000 annually, give or take. You had a network of dedicated retailers, and those retailers provided gear to police and fire departments, construction companies, and many other organizations.

“Things changed quickly when the FCC (Federal Communications Commission) made additional bandwidth available. This, in turn provided a framework for consumer products to be developed, and companies such as Motorola came out with two-way radios that were less costly and did not require a license. You went from a moment where you needed $1,000 for a license to being able to purchase them at Walmart. Sales exploded because of that change in regulation. And now, for the UAV and drone market, Part 107 is a similar catalyst, and a substantial opportunity for AV.”

A Small Caveat

With Part 107 now in place, several restrictions remain that temper the ruling, especially for the AV industry. For example, you cannot fly your drone over people that are not
directly participating in the operation, nor can you fly under a covered structure. The only person you can fly over is the one operating the UAS, or the spotter — that is, someone involved in the operation. For the individual videographer, this effectively eliminates a variety of footage acquisition, such as aerial shots of a wedding or the concert in the town square. For larger enterprise organizations, such as a utility that wants to remotely inspect power lines, the “people” aspect is not a factor, but the “line of sight” restriction certainly is.

It turns out, however, that the FAA is willing and open to modify or amend their rules based on usage requirements — via a new “Micro” UAS rule now under consideration. A Micro is defined as a UAV that’s around five pounds in weight, is commercially available, and which provides good optics and is reasonably easy to fly.

“The FAA is working with CNN on what’s being called a pathfinder program,” explained McMahon. In conjunction with Virginia Tech University and other locations around the country, CNN is essentially experimenting with flying UAS over people and providing those results back to the FAA. This, in turn, will help inform the FAA on how to create a rule that allows videographers to use drones to fly over people.”

Looking Forward

Although it’s been a long time coming, Part 107 is a major step for both the AV and commercial industries. It’s especially good for the creative video community and the ability to add amazing “extras” to their programs, but it’s also a boon for a number of commercial industries that can envision cost savings, improvements in safety and improvements in operating efficiency. It’s also good to see that the FAA is open-minded.

“We would certainly like to be able to fly at higher altitudes, to fly longer distances, and beyond the visual line of sight,” noted McMahon. “We’d also like to fly larger platforms that would allow larger payloads. These are all things we’d like to see happen sooner rather than later, but this is a first step. By getting commercial drones into the airspace, much more innovation is going to come, because companies will experiment. And over several days and months, this data will create further innovation, which benefits all aspects of the UAS community.”

Now — imagine a future in which drones are filling the skies. What then? It turns out that an Unmanned Traffic Management system (UTM) is in development, as spearheaded by NASA at their Ames Research Center in the Bay Area. It grows more interesting by the moment — but in the meantime, you’re cleared for takeoff.

For full details on Part 107, including comprehensive information on the rules, the knowledge test, and how to fly a UAS for your work or business, please visit the FAA at www.faa.gov/uas.