Says Agency Must Approve Such Flights Until Regulations Are Finalized

In a memo dated May 4, FAA Assistant Chief Counsel for Regulations Mark W. Bury says that news media may use UAVs for newsgathering purposes only if the agency approves such flights.

Until the FAA issues specific regulations for UAS operations in the national airspace system, all unmanned aircraft operations must be authorized by the FAA unless they can be conducted as model aircraft operations under the Special Rule for Model Aircraft of section 336 of the FAA Modernization and Reform Act of 2012. Because the use of an unmanned aircraft by a media entity to gather news would be in furtherance of that entity's business, the operations would fail the "hobby or recreation" test of section 336(a). Accordingly, UAS operations by a media entity for news gathering purposes could not be conducted as model aircraft and would need to be authorized by the FAA.

The memo makes some limited exceptions for a media entity using a UAS to conduct research and development at a FAA test site or other location could use images obtained during such operations research operations in its news reports. The use of such images in news reports would be permissible provided the flight is authorized and is conducted in accordance with the terms of that authorization and any conditions or limitations of the aircraft's certificate of airworthiness (assuming one has been issued to the aircraft).

The FAA would allow use of images and video captured by an individual if that individual is not affiliated with the media outlet by which they are eventually used. The FAA is not in the business of regulating the capture of images by individuals or their use by a third party, the memo says.

But, if the images or video are captured with the intent of being sold to a media outlet, using either a UAV or other model aircraft, it would be in violation of the rules, Bury said.

(Image from file)

FMI: Full Memo