Part 107 Waivers and Airspace Authorizations
Antonelli Law provides services relating to the airspace, business, and data aspects of unmanned aircraft systems (drones).
Not only was Antonelli Law one of the very first law firms in the country to launch a drone law practice in 2014, but our clients were among the very first to obtain Part 107 nighttime waivers. There is no airspace request too challenging for us. As long as the FAA is willing to consider your request, we can help you.
This page is directed at UAS operators who wish to obtain FAA permission to fly through a Part 107 Waiver (CoW) and/or Airspace Authorization:
The FAA released its new Part 107 commercial drone regulation, effective August 29 2016. While the barrier to entry has been lowered, a number of commercial drone operations are not normally allowed under Part 107.
What is the Cost of a BLOS 107 Waiver (107.31)?
The legal fee varies depending on your proposed operations. A ballpark estimate including:
What is the Cost of a "Nighttime" 107 Waiver (107.29)?
The legal fee varies between $500 and $1,500.
What is the Cost of a "Flights Over People" 107 Waiver (107.39)?
The legal fee varies depending on your proposed operations, but a ballpark estimate is $2,500 to $5,000.
Any deviation from the following operating limitations of Part 107 must be approved in advance by the FAA through a Part 107 waiver, also called a Certificate of Waiver (CoW):
•Unmanned aircraft must weigh less than 55 lbs. (25 kg).
•Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the remote pilot in command and the person manipulating the flight controls of the small UAS. Alternatively, the unmanned aircraft must remain within VLOS of the visual observer.
•At all times the small unmanned aircraft must remain close enough to the remote pilot in command and the person manipulating the flight controls of the small UAS for those people to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.
•Small unmanned aircraft may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle.
•Daylight -only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time)with appropriate anti-collision lighting.
•Must yield right of way to other aircraft.
•May use visual observer (VO) but not required.
•First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways.
•Maximum ground speed of 100 mph (87 knots).
•Maximum altitude of 400 feet above ground level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure.
•Minimum weather visibility of 3 miles from control station.
•Operations in Class B, C, D and E airspace are allowed with the required ATC permission.
•Operations in Class G airspace are allowed without ATC permission.
•No person may act as a remote pilot in command or VO for more than one unmanned aircraft operation at one time.
•No operations from a moving aircraft.
•No operations from a moving vehicle unless the operation is over a sparsely populated area.
•No careless or reckless operations.
•No carriage of hazardous materials.Antonelli Law has the experience and expertise to help companies develop the safety plans to satisfy the FAA's regulatory demands for a Section 107.200/107.205 Certificate of Waiver.
Why Use an Attorney?
Time, accuracy, relationship, fiduciary duty to the client.
We save you time and the work product will be done correctly. Dealing with a complicated regulatory environment can be stressful and mistakes cause delays. Non-attorneys jumping on the "drone bandwagon" seek your business but do not owe you the fiduciary obligations that an attorney does. For example, there are reports of non-attorney consultant companies who engaged in unethical practices doing Section 333 petitions. Not only would we not do that, but our professional ethics rules tell us as licensed professionals that lawyers owe clients duties of honesty, loyalty, and confidentiality. We cannot - and would not - tell your trade secrets to other clients. Non-attorney consultants may not have these legal, fiduciary obligations to you.
In addition, you begin a relationship with experienced attorneys you can turn to for a variety of business and aviation related questions.
What conditions of Part 107 can we obtain a Certificate of Waiver for?
Section 107.205 lists the regulations under Part 107 that are subject to waiver through Section 107.200:
107.29 – Daylight operation.
107.31 – Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.
107.33 – Visual observer.
107.35 – Operation of multiple small unmanned aircraft systems.
107.37(a) – Yielding the right of way.
107.39 – Operation over people.
107.41 - Operation in certain airspace.
107.51 – Operating limitations for small unmanned aircraft
For a free initial consultation about petitioning the FAA for Certificate of Waivers under Part 107, Section 333 (UAS over 55 pounds), or other questions use our simple contact form or contact Jeffrey Antonelli at Jeffrey@Antonelli-Law.com or call us at (312) 201-8310.
Our passion for leading and learning about UAS is second to none.
What other UAS services does the group offer?
We offer a wide variety of services and expertise to help clients grow their UAS businesses. Our professionals can provide advice and representation on federal regulatory matters, state and local regulatory issues, and commercial projects. In addition, we have experience with consumer privacy and data security matters.
What federal regulatory issues exist once a business has a Part 107 remote pilot certificate, or a Section 333 exemption?
The need for regulatory assistance doesn’t stop once a client has a Part 107 remote pilot certificate or a Section 333 exemption. We help with business issues, FAA enforcement defense, and Certificates of Waiver or Authorization (COAs) to enable unique and profitable UAS operations.
How can state and local regulation affect UAS businesses?
The FAA’s failure to enact federal drone regulations in a timely manner has left a legal void that numerous state and local governments are rushing to fill. Unfortunately, drafters of these state and local regulations are frequently driven by fear and dread of drones, so too often the result is harmful (and often unconstitutional or illegal) restrictions on beneficial uses of drones. You can see a list of state and local drone laws here and the FAA’s position on these laws here.
Every UAS services business needs to be aware of the existing and pending regulations in the states and localities in which it is operating or considering operations. We provide clients with analyses of the effect of existing and proposed laws and, if necessary, representation in challenging laws on constitutional or federal preemption grounds.
What types of commercial projects does the group support?
The group has wide experience in drafting and negotiating commercial agreements for clients in the UAS and related industries, including telecommunications and mobile application development. Among recent commercial projects we’ve worked on are:
- purchase agreements for existing UAS services businesses (USB)
- independent contractor agreements between USBs and (i) pilots, (ii) visual observers and (iii) data analysis engineers
- template USB/customer agreements
- joint venture agreements for UAS manufacturers and USBs
Who Has Hired Antonelli Law for UAS?
Above It All Aerial Solutions LLC
Aerial Inspection Resources
Aerial Inventory LLC
Angle of Attack
Arrow Aerial Precision LLC
Burns & McDonnell Engineering Company, Inc.
Digital Magic Productions
Hover Effect LLC
Indiana Aerial Solutions
Kovar & Associates
LA Drones LLC
Leading Edge Technologies
Major Telecommunications Company*
Nixon Engineering Solutions
North Georgia Drones
NWB Environmental Services
Sky Eye Solutions
Snowy Owl Productions LLC
Tough Stump Technologies LLC
UA TacSolutions LLC
Volo Pervidi LLC
Vortex UAS LLC
*Partial Client List Due to Confidentiality
National Client Roster - Map
Section 333 FAQs
Do I Need A Section 333 Grant of Exemption?
If you want to operate commercially as a service, the short answer is yes. For other uses like R&D, research, or law enforcement see this page from the FAA and click on the appropriate category.
Antonelli Law Drone/UAS Practice Group
The Drone/UAS Practice Group at Antonelli Law is a group of attorneys with deep knowledge of law, technology, privacy, and aviation. Our federal practice relating to the rapidly developing commercial "drone"/Unmanned Aircraft Systems (UAS) industry allows us to serve clients nationwide. In addition, our attorneys are licensed in numerous states from California to New York and in between.
"Whether we call them UASs, UAVs, or drones, these aircraft are an exciting new development in the aviation industry. But they also raise some serious safety and privacy concerns – that we need to address before the FAA licenses these vehicles for broad use in our national airspace."
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Chicago, IL 60601
Tel (312) 201-8310