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Drones for community coverage: Comments on new FAA rules close Friday

by: Amy Gahran |

Could aerial photos, video or data-gathering enhance how your community envisions or understands itself, or support engagement about local issues? From covering disasters to documenting blight, development or environmental change, flying drones (unmanned aircraft) offer unique potential for community engagement. Except: it isn't strictly legal in the U.S. Yet.

This Friday, April 24, marks the end of the comment period for proposed rules by the Federal Aviation Administration which would considerably ease current restrictions on how journalists and others can use drones.

Matt Waite, Professor of Journalism at the University of Nebraska-Lincoln and noted drone journalism expert and advocate, has offered detailed guidance on submitting comments on the proposed FAA drone rules. This is useful for anyone who wishes to support more flexibility in how and where drones can be used -- while still supporting privacy, accountability and safety, too. His post includes a template of his comments, which others can edit and adapt as desired.

If adopted, the new FAA drone rules probably would not take effect until 2017. However, submitting a comment is a valuable way to move forward the process of eventually having the option to put drones to good use in your community.

Why use drones for local coverage?" Drones are really good at providing a sense of scale and scope," said Waite. "They're not a replacement for a good journalist, not some new storytelling tool, not the future of journalism. But they do some things very well."

Perhaps the most stunning example of how drone footage can convey scale and scope is the recent, haunting BBC drone video of Auschwitz-Birkenau, the Nazi concentration camp World Heritage Site.

Waite notes one key advantage of drones: After the initial investment to get the drone (about $1500), the cost of getting it in the air is virtually zero. This allows people to gather aerial imagery and data of a particular area however often they like.

"I would love to see an aerial time-lapse of area as it changes," said Waite. "Going out once a week for a year would be an amazing look at a piece of life in your community. Anything about scale or change that's even slightly difficult to grasp in your mind's eye can be greatly aided by drones. People immediately get it."

The key for drones, or any technology with the potential to augment media coverage, is its value to storytelling. "Would your story be better with photos, video or data from air?" asked Waite. "Flying robots are really awesome. But always ask: Is this the right tool for my story?"

While it may be tempting to use drones to cover large gatherings, such as a festival, protest, or farmer's market, Waite strongly cautions that safety must be the paramount consideration.

"If your device flies over people, you're responsible for safety of everyone under your device. If your drone's battery fails, if a rotor gets stuck, and it goes tumbling down, you're probably going to hurt somebody," he said. "We're just one idiot away from the relaxation of FAA rules ending really fast. The moment a kid gets mutilated, legislators will look to ban everything."

That said, it is possible too use drones to cover large gatherings, with advance planning. "You could set up a block or two back, away from the crowd, maybe on top of a big roof, and just fly straight up and down," suggested Waite.

Why are current drone restrictions so challenging for journalists?"I often think I should change the title on my business card to 'dream crusher,' because I'm always telling journalists that the wonderful things they want to use drones for will probably get them in a lot of trouble, or aren't feasible," said Waite.

The FAA has asserted regulatory authority that people and organizations may not use drones for any money-making purpose. "That can even get weird for community groups and nonprofits," said Waite. "If you are flying a drone for a reason, and there some exchange of value -- even a link back to the drone owner's website, perhaps -- the FAA could define you as a commercial user."

The proposed FAA rules would remove the requirement for a pilot's license in order to get an exemption that allows some non-hobbyist drone use -- a considerable hurdle today. Users would simply have to register to get an N-number, the aircraft equivalent of a license plate. You'd have to take a written test about basic flight knowledge and airspace restrictions. Also, users would be able to fly a drone in restricted airspace with permission from the local aircraft control tower. For public safety, it would remain illegal to fly drones over the heads of people not involved with the flight. Also, drones would have to remain below an elevation of 500 feet.

"These are fairly permissive rule changes. Actually, drone enthusiasts were shocked about how permissive they are," said Waite.

Want to get started with drones today?If you're interested in the potential value of drones in your community coverage or engagement, Waite recommends learning more about drones now, making connections and gaining experience and insight. Then, as more drone options become available, you'll be ready to take off.

Specifically, Waite suggests finding your local drone hobby group -- which may overlap with the community of remote-controlled plane enthusiasts. Go to their events, talk to them, let them show you how their drones work and what they can do. (This can also make compelling local coverage.)

Also, it might be useful and interesting to explore partnering with local agencies or organizations that currently have access to drones -- especially city or state governments, disaster preparedness agencies or state universities. (Government-related activities are more likely to get exemptions from some current drone restrictions.) As long as they are contributing their aerial photos, video or data without compensation (including anything that could be construed as free advertising, rather than simple attribution), you'll probably be able to publish that content while staying on the right side of FAA rules.

Keeping it legal, today."The FAA does not have authority to go after news organization for publishing content gathers by a drone," said Waite. "However, they do have authority to go after the pilot. So that's an ethical issue: If you ask hobbyist to get video for you, and they violate current rules, they might get in trouble with FAA, even though you won't. They could get a steep fine. And you may also have some legal liability, too. So be careful, make sure you only work with people who really understand the rules."

In 2013, after floods ravaged Boulder County, Colorado, local drone enthusiasts gathered compelling aerial video of flooded areas.

However, at the same time, FEMA forbade the Colorado-based drone manufacturer Falcon UAV from volunteering their drones to conduct aerial surveys of the town of Lyons, where all road access was cut off -- even while weather conditions were preventing the National Guard from doing manned aerial surveys. The FAA also threatened Falcon UAV and another company with fines.

If you want to buy a drone so you can experiment and gain skills, you will have to spend some money. Be sure you're buying a drone that's appropriate for local conditions. For instance, the Parrot AR drone retails for about $300, but it's so light that it tends to be unstable in the wind. For a wind-worthy drone that can support a gimbal and camera (like the 3D Robotics Iris), expect to pay $1200-$1500.

But, for context, Waite observed: "$1500 is also one hour in a manned helicopter."

Sign up for the Drone Journalism newsletter. Learn more from the Professional Society of Drone Journalists.

Amy Gahran

Amy Gahran is a journalist, editor, trainer, entrepreneur, strategist, and media consultant based in Boulder, Colorado. In addition to writing
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