This document discusses keys to unlocking the potential of small unmanned aircraft systems (sUAS). It identifies FAA exemptions, rulemaking, and legislation as an essential starting point. Three other important keys are: 1) Preemption to prevent unreasonable state and local restrictions, as these could create barriers to industry growth. 2) Developing privacy policies to protect the public and promote sUAS use. 3) Obtaining spectrum for beyond visual line of sight operations, which will require FCC rules for allocation, operation, and authorization of spectrum bands. The document outlines state legislation related to sUAS and ongoing efforts through a multi-stakeholder process to develop privacy best practices for sUAS domestic use.

1. Keys to Unlocking the Potential of
Small UAS
Presented by
R. Michael Senkowski
Chair, UAS Practice Group
April 30, 2015
San Francisco, CA

2. Background: FAA Exemptions,
Rulemaking & Legislation
• Section 333 Exemptions
• FAA Small UAS Rulemaking
• FAA Reauthorization Legislation
Sound FAA rules and streamlined exemption process essential
starting point, but…
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3. Three Other Important Keys to Unlocking
the Full Potential of Small UAS
• Preemption to Prevent Unreasonable State and Local
Restrictions
• Privacy Policies Protecting Public and Promoting sUAS
• Spectrum for Beyond Visual Line of Sight
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4. Keys to the Future - Preemption
• Emerging State and Local Restrictions
– Privacy Regulation
– Regulation of sUAS Use
• Striking the Right Balance is Key to Industry Growth
– Other industries have faced “balkanized” local rules and NIMBY issues;
Federal preemption has worked to eliminate barriers and accelerate
growth
– Cannot overlook legitimate areas of local concern
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5. State UAS Legislation*
* Source: National Conference of State Legislatures, 2014
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6. Keys to the Future – Preemption (cont)
• FAA Already Has Robust Aviation Safety Authority
– Federal law preempts the field of aviation safety
– Scope of FAA preemption in sUAS context has not been tested
– Preemption may not reach privacy issues
• FAA Rulemaking May Bring Some Clarity
– Rulemaking would allow agency to address how and when Federal
rules preempt state laws
– Even if FAA does not address preemption, certain laws may still be
preempted
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7. Privacy Policies Protecting the Public
and Promoting sUAS
• No federal rules or laws specifically address sUAS privacy
• States have passed bills and laws regulating UAS privacy and
surveillance
• February Presidential Memorandum directs NTIA to establish
a multi-stakeholder process to develop privacy,
accountability, and transparency best practices
– “Promoting Economic Competitiveness While Safeguarding Privacy,
Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft
Systems”
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8. NTIA Privacy Multi-Stakeholder Process
• NTIA convenes the meetings of stakeholders to develop
consensus best practices
– Meetings are open to any person or organization that wishes to
participate
• Meetings are webcast
– NTIA will establish agenda, but not direct outcomes
• NTIA likely will establish working groups
– No definitive timeline or deadline
• NTIA will announce the first meeting soon
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9. Spectrum for
Beyond Visual Line of Sight
• Spectrum Available Today is Unlicensed: 900 MHz, 2.4 GHz, 5
GHz
– Limited Range
– Line of Sight
– Not Protected Spectrum
• Spectrum for BVLOS from UAS Allocations
– Spectrum Allocated Internationally: L-Band (960-1215 MHz) and C-
Band (5030-5091 MHz)
– Requires FCC Rules for Allocation
– Requires FCC Rules for Operation
– Requires FCC Rules for Authorization
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10. Spectrum for
Beyond Visual Line of Sight
• Option of Commercial Mobile Service Providers
– Spectrum Suitable for sUAS at Low Altitudes
– CMRS Providers Could Provide Service
– R&D Needed to Prove Feasibility and Reliability
• Infrastructure for C2
– None for Internationally Allocated Spectrum
– Terrestrial Networks for Commercial Mobile Radio Exist
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11. Questions?
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12. UAS Practice Lead
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Michael Senkowski
Chair, UAS Practice Group
1776 K Street, NW
Washington, DC 20006
(P) 202.719.7249
(E) msenkowski@wileyrein.com
Mike is a Partner at Wiley Rein and chairs the firm’s Unmanned Aircraft Systems
(UAS) Practice Group. Nationally and internationally recognized for his
distinguished career, Mike has assembled one of the legal industry’s first multi-
disciplinary working groups of experts in Aviation, Privacy, Spectrum, and Public
Policy to explore ways to get UAS off the ground. Mike and his team identify,
anticipate and monitor the full range of legal, regulatory, technological, and
legislative issues that will determine how and when UAS are deployed in the US
and around the world.