CNN GRANTED FIRST FAA FLYOVER RIGHTS FOR DRONES
November 9, 2017
On October 18, 2017, the Federal Aviation Administration (FAA) for the first time granted a waiver to Part 107 to CNN. As background, 14 CFR Part 107 (Part 107), also known as the “Small Unmanned Aircraft Regulations”, governs the commercial use of drones weighing less than 55 pounds. Absent a waiver, Part 107 generally prohibits the operation of drones over open-air crowds like those found at concerts, festivals or other outdoor events for commercial purposes.
The waiver will allow CNN to operate its drones over open-air crowds at altitudes of up to 150 feet and represents a change in FAA policy, which previously viewed all requests for exceptions from a “worst-case scenario” point of view regarding possible damage that could occur should a drone suffer a malfunction or crash. The fact that the waiver was granted indicates that the FAA may have accepted a new “reasonableness approach”, presented by CNN in its waiver request, which takes into account not just the potential impact of a crash, but also the safe operating history of the drone operator, technology, and built-in safety procedures.
The waiver may indicate a change in how the FAA addresses the commercial use of drones. CNN”s waiver is also likely to give cause for other commercial operators to request similar waivers of Part 107 requirements.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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