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Sunday, 02/04/2007 5:10:05 PM

Sunday, February 04, 2007 5:10:05 PM

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Police drone plan draws fire ...CYBERBUG

Palm Bay wants to fly device; FAA, pilot group raise red flags

BY J.D. GALLOP
FLORIDA TODAY
Sun Feb 04, 2007
PALM BAY - -- Police Chief William Berger vows to deploy an unmanned aerial vehicle despite contentions from the Federal Aviation Administration and a national pilots' association that his department must first get federal approval before doing so.

Berger said the $30,000, 8-pound aircraft -- which he likens to a model plane and would use to aid police on the ground -- does not fall under FAA regulations. And he said he is prepared to seek assistance from Brevard County's congressional representatives, if necessary.

Berger said he has talked to the FAA but received no clear answer as to whether the agency could regulate the Cyberbug's flights. FAA officials differ with Berger's position, but so far the chief says nothing has turned up in writing despite a request for the agency to formally say whether the unmanned plane can fly.

"I've asked (the FAA) for a cease and desist letter and they haven't sent one. This plane is not for patrol. We're using it on a case-by-case basis, and it will be mostly used in the rural area and won't be operating near an airport," Berger said.

The chief's plan to use the kite-winged, radio-controlled plane has drawn protests from the Aircraft Owners and Pilots Association, a Maryland-based group representing 410,000 pilots and aviation enthusiasts. The group contacted the FAA and believes the Cyberbug represents a potential hazard to small airplanes and low-flying helicopters in the skies above Palm Bay.

"We are asking the FAA to provide regulatory standards for these unmanned aerial vehicles. Our concern is that there could be a collision," said Kathleen Vasconcelo, a spokeswoman for the Aircraft Owners and Pilots Association.

Vasconcelo said Palm Bay police should also be required to seek a certificate of authorization for flight and equip the plane with a sensor to help it avoid other aircraft. Obtaining that certificate -- which is no guarantee of approval -- is a process that takes several months.

Palm Bay City Manager Lee Feldman backed Berger's assertion the low-altitude plane can safely fly over the city's 100-square-mile jurisdiction.

"If we felt it was a hazard to navigation, we would be the first not to fly it," Feldman said.

Berger also said the pilots association could have other motives.

"They certainly have a vested interest, and I believe it's about protecting their jobs," Berger said of AOPA's protest, adding that the group may be more motivated by fears of more pilotless aircraft hitting the airways than mid-air collisions.

The aircraft, under construction and packed with onboard cameras, will be delivered to the department next month.

FAA officials were steadfast in saying Palm Bay's unmanned vehicle should be grounded until further notice from the federal agency.

"We control the airspace, and we control who can fly what, where," said Les Dorr, a spokesman for the federal agency. "Our primary concern is the safety of the airways. If (the police department) starts using the unmanned vehicle then they run the risk of being told 'no, they can't do it.' "

The Los Angeles Sheriff's Department also ran afoul of FAA rules after attempting to put its own unmanned vehicle into service last year. Their unmanned vehicle remains grounded.

But CyberDefense Systems, a St. Petersburg-based company that markets the Cyberbug said the aircraft -- like a model plane -- flies below 400 feet and would not interfere with flight patterns.

Model planes -- like those used by hobbyists -- have flight and range restrictions that typically don't interfere with air traffic, company and FAA officials said.

Bill Edelstein, a licensed helicopter pilot and Melbourne Beach resident, said he was concerned about the low-flying aircraft's interaction with helicopters.