FAA Final Rules for drones used for news gathering

The Federal Aviation Administration (FAA) recently finalized its rules on the commercial use drones weighing up to 55 pounds, providing guidance to journalists who use drones in news gathering. The rules mark the FAA’s first attempt at a comprehensive plan to ensure the safe use of small drones by commercial operators without having to seek case-by-case approval.

Key provisions of the final rules include:

Drone operators are not required to obtain a traditional pilot’s license. Instead, commercial UAS (unmanned aircraft systems) operators will need a Remote Pilot Certificate, which will be much easier to obtain. Applicants must be at least 16 years old and proficient in English, able to pass an Initial Aeronautical Knowledge Test at an FAA-approved testing center, and pass a TSA background check. The FAA estimates this process to take anywhere from six to eight weeks to complete.

Drones must fly below 400 feet, during daylight hours, and within line of sight of the operator. Drones are also not permitted to fly over individuals who are not under a covered structure or directly involved in the operation. Most of these restrictions can be waived if the applicant demonstrates the operation can still be safely executed. The FAA will establish an online portal for the submission of waiver requests, with the expectation that waivers will be acted on within 90 days.

Certain airspaces will require additional permissions. The new rules give general authority for operating drones in Class G airspace – low altitude airspace far from any airport. Flight in controlled Class B, C, D, and E airspace requires permission from Air Traffic Control (ATC). In order to seek prior permission, the drone operator will need to submit requests through an online portal the FAA is developing. The FAA stated that all requests must be made through the portal; an operator cannot simply contact a local control tower for permission. It is not yet clear how expedited this process will be. With many U.S. cities having controlled airspace that extends to the ground, it could impede newsgathering efforts where rapid deployment is desired.