• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to secondary sidebar
  • Skip to footer
  • DroneRacingLife
  • DroneFlyers
  • Newsletter
DroneLife

DRONELIFE

Stay up to date on all the latest Drone News

  • News
  • Products
  • Industries
    • Agriculture
    • Construction
    • Delivery
    • Dual Use
    • Inspection
    • Public Safety
    • Surveying
  • Enthusiasts
  • Regulations
  • Business
  • Video
  • Podcasts

Who Owns the Sky, Part III: Not You

December 2, 2014 by Alan Phillips 1 Comment

“The FAA is where innovation goes to die.”

iStock_000002960885MediumThese were the words of Forbes contributor Greg McNeal at November’s UAS Commercialization Conference in Washington D.C. He was referring to the swift one-two punch dealt by the FAA on November 18, when the National Transportation Safety Board published an opinion and order remanding the case of Raphael Pirker and tasking the judge to collect new evidence to determine whether or not Pirker was operating his drone recklessly.

On top of this, mere hours before Mr. McNeal addressed the conference, the FAA’s head of the UAS Integration Office, Jim Williams, told the very same crowd, “If you are flying in the national airspace system, FAA regulations apply to you.  The definition of the national airspace system is anywhere where aircraft can safely navigate. So, by definition then, these quadcopters are what have extended the national airspace down to the ground.”

Dronelife has asked the question “Who Owns the Sky?” before, but now the FAA believes it has a pretty clear answer: they do.

Then, just before Thanksgiving, the FAA sent the UAS an early Christmas present: sources close to the FAA’s rulemaking process told the Wall Street Journal the proposed rules (scheduled to appear in draft form by the end of the year) will require drone pilots to have a license for flying.

“There’s a colossal mess coming,” Small UAS Coalition Executive Director Michael Dobrac told The Journal.

And You Thought Thanksgiving Traffic Was Bad

How did we get into this mess?

The legal answer is last year, Congress mandated the FAA to publish a Notice for Proposed Rule Making by the end of this year so we can get the ball rolling on integrating drones in the national airspace.

The more accurate answer that seems to play a major part in most technological developments these days is fear.

In his address, Mr. McNeal pointed out the FAA is starting from a position that drones are ‘bad’ or ‘dangerous.’

Sure, drones can be dangerous. So can knives. But knives are used thousands of times a day in kitchens, on construction sites, on farms, in mail rooms or simply just for fun. They are integral tools in our everyday lives. We only ever hear about them on national news when some loon channels his inner Michael Myers.

The vocal minority stuck drones with a negative stigma before we got to see this transformative technology take flight and as long as this association continues, American adoption of UAV technology will remained crippled.

“We need to force the government from this precautionary attitude into innovation as a mindset,” McNeal said.

To see drones only as dangerous is, at best, naive. At worst, it’s a tremendous missed opportunity for American economic growth (100,000 jobs and about $82 billion… in the first ten years after integration.)

So, what can be done?

If This, Then That

For starters, McNeal suggested drone manufacturers should self-regulate.

Community-based efforts to do just that pop up all the time.

But McNeal was suggesting an inescapable, hardwired solution that can be implemented by manufacturers. After all, drones are controlled by computers and the wonderful thing about computers is they can be told what to do.

drone-map-bay-area-660x465-270x180
San Francisco’s no fly zones for drones

The FAA doesn’t want drone flying above 400 feet? Build a sensor to detect altitude and limit the drone’s ceiling: if the ground is 399 feet below, then stop ascending. (Kudos to Parrot for including this in their new Bebop).

The FAA doesn’t want it flying near an airport? Give the airport a GPS coordinate and tell the drone, “If you come within 4.9 miles of this point, then stop and turn around.” (Again, props to DJI for integrating this feature into their drones).

The advantage drone technology brings to the world is autonomy. You tell it to “go here and collect this data,” and it’s done. And if a manufacturer can tell a drone what to do, it can also tell the drone what not to do. “Go to this house at these GPS coordinates and take a picture. Don’t take pictures in through the window. Don’t take pictures of the neighbor sunbathing in her birthday suit. Delete any pictures that aren’t of the house at these coordinates.”

This is a very real and rather simple function a drone could perform. But, like all new technology, it must be tested before it hits the market. And, as it stands, the FAA is barring anyone from conducting these tests without a COA (the request for which takes the FAA a minimum of 60 days to process- if you are somehow connected to one of the six FAA approved test sites) or a Section 333 exemption from Congress (which has been granted a total of three times- to BP, ConocoPhillips, and the MPAA).

This is why companies like Amazon and Google, who are serious about commercial drones, are outsourcing their tests to the UK and Australia, respectively.

Help From the Hill

UAV hardware developments will charge forward with or without U.S. participation. As we watch that happen, we wait for the domestic issues to be solved in the most American way possible: through the courts.

The FAA claims it controls the space your dog stands in when it poops, but it is unclear whether such a claim would hold up in front of a judge.

hrda_100214“It’s an open question as to whether the FAA can claim the authority to control airspace a centimeter above a person’s lawn,” McNeal told Dronelife. “I believe that if they tried to enforce regulations against a property owner, there might be a takings issue, but the law is clearly unsettled. Property rights have traditionally been a matter of state law, and there are state constitutional provisions addressing property rights.  If the FAA continues down this path, we will likely see a lawsuit challenging their authority.”

While we wait for someone with deep pockets to get fed up and slap the FAA with a lawsuit, our only other hope is that someone on Capitol Hill puts his/her foot down and tells the administration it has to change their restrictive policy.

Sen. Ron Wyden (D-Ore.) recently wrote a letter to FAA administrator Michael Huerta demanding he speed up the rule-making process and leave the skies open.

“In light of recent reports, I am concerned that proposed regulations on small, commercial unmanned aircraft will be costly, needlessly restrictive and hinder research and development for the growing [unmanned aerial systems] industry,” Wyden said in a statement. “The FAA needs to act quickly to alleviate these concerns.”

Sen. Charles Schumer (D-N.Y.) has also made similar demands.

And they are probably right. The “Caution over Innovation” Mindset of the FAA means the NPRM isn’t going to integrate UAS into the national airspace- it is going to make flying so restrictive, it won’t be worth it.

Whether it happens on The Hill or in the courts, what is needed is action. Demands are just words, words are wind and it’s going to take more than wind to get drones off the ground.

Updated 12/4/14: Senator Dianne Feinstein joined the fray on December 3. In a letter to Huerta, Senator Feinstein urged the FAA to get its act together and announced her intention to introduce a bill that would “codify and expand the moratorium on private drone use without specific authority from the FAA that is already in place,” and “require a safety certification for expansions of private drone use,” enforced by “substantial criminal penalties.”

For more check out Who Owns the Sky Part I: The FAA’s Drone Integration Plan and Part II: The FAA’s Drone Integration Plan, Reloaded.

Alan Phillips
Alan Phillips

Alan is serial entrepreneur, active angel investor, and a drone enthusiast. He co-founded DRONELIFE.com to address the emerging commercial market for drones and drone technology. Prior to DRONELIFE.com, Alan co-founded Where.com, ThinkingScreen Media, and Nurse.com. Recently, Alan has co-founded Crowditz.com,  a leader in Equity Crowdfunding Data, Analytics, and Insights.  Alan can be reached at alan(at)dronelife.com

Filed Under: Legal, News Tagged With: Amazon, Charles Schumer, Congress, FAA, Google, Greg McNeal, Notice for Proposed Rule Making, Ron Wyden, UAS, Wall Street Journal

Reader Interactions

Trackbacks

  1. Unmanned aerial vehicle (UAV) – Site Title says:
    November 9, 2016 at 3:49 am

    […] there are still a number of hurdles for drone operators to overcome with regard to questionable FAA policies, the federal agency did […]

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

LATEST

Robodex and Tokyu Land Open Japan’s First Hydrogen Drone Port in Hiroshima

This article published in collaboration with JUIDA, the Japan UAS Industrial Development Association.     Robodex and Tokyu Land Corporation are…

Continue Reading Robodex and Tokyu Land Open Japan’s First Hydrogen Drone Port in Hiroshima

Designed to Fly Like a Falcon, RoBird Takes Aim at Crop-Damaging Birds

From Airports to Agriculture: RoBird Finds New Role Protecting Crops Flapping-wing drone technology expands from bird-strike prevention to agricultural crop…

Continue Reading Designed to Fly Like a Falcon, RoBird Takes Aim at Crop-Damaging Birds

DHS Secretary: U.S. Still Building Counter-Drone Defenses for World Cup

Mullin says feds still ‘a little behind’ in counter-UAS prep By DRONELIFE Features Editor Jim Magill (Editor’s note: This story…

Continue Reading DHS Secretary: U.S. Still Building Counter-Drone Defenses for World Cup

Ondas Unveils New Autonomous Counter-Drone and Robotic Combat Systems

MODUS and IRON WAVE aim to help military forces counter drone threats and deploy robotic systems ahead of frontline troop…

Continue Reading Ondas Unveils New Autonomous Counter-Drone and Robotic Combat Systems

Congress Introduces GUARD Act, Extending FCC Covered List Framework to Robotics

Proposed legislation would require national security review of certain foreign-made humanoid and quadruped robots A bipartisan group of lawmakers has…

Continue Reading Congress Introduces GUARD Act, Extending FCC Covered List Framework to Robotics

Blueflite Added to FAA Section 44807 Approved UAS List: Why it Matters

Cargo drone platform joins FAA-reviewed aircraft list, potentially streamlining future operator approvals Michigan-based drone manufacturer blueflite announced that its Cobalt…

Continue Reading Blueflite Added to FAA Section 44807 Approved UAS List: Why it Matters

Aeronext Unveils ActiveWing Logistics Drone Prototype for Long-Range Delivery

This article published in collaboration with JUIDA, the Japan UAS Industrial Development Association.     The Tokyo company’s new multicopter pairs…

Continue Reading Aeronext Unveils ActiveWing Logistics Drone Prototype for Long-Range Delivery

FBI, Atlanta PD Stress Need for ‘No-Drone Zone’ Compliance

By Dronelife Features Editor Jim Magill (Editor’s note: This story is part of a series of reports on efforts to…

Continue Reading FBI, Atlanta PD Stress Need for ‘No-Drone Zone’ Compliance

Building a Resilient Supply Chain: Regional Security Leaders Focus on Industrial Readiness

Northeast National Security Conference examines how the U.S. can strengthen its defense industrial base Supply chain security has become a…

Continue Reading Building a Resilient Supply Chain: Regional Security Leaders Focus on Industrial Readiness

Defense Leaders Call for Faster Paths from Innovation to the Field

Remarks at the Northeast National Security Conference highlight growing demand for rapid, commercially informed defense solutions The 2026 Northeast National…

Continue Reading Defense Leaders Call for Faster Paths from Innovation to the Field

Secondary Sidebar

Footer

SPONSORED

Inspired Flight Gremsy IF800 VIO F1 drones geo week

What Will It Take to Strengthen U.S. Drone Manufacturing? A Conversation with Inspired Flight’s CEO

Global Mapper Mobile data collection

Collection Ground Control Points with Global Mapper Mobile

Military Drone Mapping Solutions

How SimActive’s Correlator3D™ is Revolutionizing Military Mapping: An Exclusive Interview with CEO Philippe Simard

Photogrammetry Accuracy Standards

SimActive Photogrammetry Software: Enabling Users to Meet Accuracy Standards for Over 20 Years

NACT Engineering Parrot ANAFI tether indoor shot

Smart Tether for Parrot ANAFI USA from NACT Engineering

Blue Marble, features global mapper, features Blue Marble

Check Out These New Features in Global Mapper v25 from Blue Marble

About Us | Contact Us | Advertise With Us | Write for Us | Privacy Policy | Terms of Service

The Trusted Source for the Business of Drones.

This website uses cookies and third party services. By clicking OK, you are agreeing to our privacy policy. ACCEPT

Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT