Commentary

The Press Drones On: FAA Proposes Rules That Would Govern Aerial Newsgathering

Drones may not rank high in the mindset of most editors except as a subject. But the Federal Aviation Administration (FAA) has released guidelines for their use that could pertain to news gathering.

In technical terms, the FAA has issued a Notice of Proposed Rulemaking (NPRM) for Beyond Visual Line of Sight (BVLOS) operations of Unmanned Aircraft Systems (UAS). Comments are due by October 6. 

The proposed rules do not specifically address journalistic use, but the NPRM states that “newsgathering” falls within the category of “aerial surveying,” including photography and videography.

The News/Media Alliance provides this analysis of how the regulations apply:

For starters, newsrooms would have to seek permission to operate BVLOS drones under either an “operating permit” or an “operating certificate.” Permits would expire in 24 months and have less FAA surveillance, while certificates would not expire but would have more frequent observation. 

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Newsgathering operations can be conducted only in areas with moderate Category 3 population density. That would exclude major metropolitan areas, shopping centers and multifamily housing. 

Newsrooms can have no more than 25 active UAS in a fleet. These can weigh a maximum of 110 pounds. 

In addition, these operations must have a supervisor and flight coordinator who hold an FAA-issued pilot certificate and have undergone a background check. Operators must have their ID at the ready. 

Here's one more factor: "the uncertainty with some of the less desirable impacts of drones, including noise, annoyance and privacy impacts." That may be the most important consideration of all. 

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