Tech looks abroad on drones

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Amazon, Facebook and Google have sky-high hopes for drones — but government regulations have grounded their plans in the United States and pushed some companies to try their luck overseas.

Strict federal rules still prohibit tech giants, movie studios and other commercial operators from flying their unmanned aerial vehicles. Even before those crafts can be tested stateside, experimenters must labor to win the Federal Aviation Administration’s blessings.

Those government hurdles have some drone advocates worried the United States might lose out on new investments and jobs. And the signs of overseas flight already are surfacing: Google on Thursday said it is testing its new drone effort in Australia, which is known for its relaxed rules. Meanwhile, commercial drone endeavors continue to pop up around the world, from Japan to India.

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“This is the first time in history that the United States is not leading the industry in an aviation-related technology,” said Brendan Schulman, a lawyer at Kramer Levin in New York who represents several clients challenging the FAA’s ban on commercial drone operations.

The FAA’s tough restrictions are designed with safety or privacy in mind. For now, the agency has set up six commercial drone test sites scattered across the country and has started allowing drone use in four specific industries. However, most commercial drone use remains illegal until the agency finishes its long-awaited rules — expected in September 2015 at the earliest. In the meantime, the FAA has cracked down on experimenters, dispatching 12 “warning letters” this year to drone operators who ran afoul of the law.

“Developing all the rules and standards we need is a very complex task, and we want to make sure we get it right the first time,” the FAA has said.

But the tech set is growing antsy. The burgeoning drone market has proven especially attractive to the industry. Amazon revealed last year that it hoped to deliver packages from the sky, while Facebook has turned to drones as a way to deliver wireless Internet service to underserved areas of the world. Google in April purchased Titan Aerospace, a firm that produces drones that fly using solar energy. The company revealed this week it had been working since 2011 on unmanned aerial vehicles.

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Outside the United States, commercial drone operators are thriving. A United Kingdom-based company, Hovercam, won an Academy Award earlier this year for developing an advanced drone-based film camera. Japan has used drones in agriculture for decades. Raphael Pirker, a famed drone operator, has set up his drone construction company in Hong Kong.

Google did not explicitly blame the FAA’s regulations for its decision to experiment with its new drone fleet, called Project Wing, in Australia. But a company spokesperson did hint that the search giant might begin lobbying on the issue.

“We often meet with regulators to explain how our technology works — we briefed the FAA on our project a few months ago,” the spokesperson added. “We will continue to update them on our work and our technology as it progresses. We’d be happy to participate in discussions about how the regulations they are drafting might affect innovation in this space in the future.”

The FAA bristles at comparisons between its progress integrating drones into American airspace and what other countries have accomplished.

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“The United States has the busiest, most complex airspace in the world, including many general aviation aircraft that we must consider when planning UAS integration, because those same airplanes and small UAS may occupy the same airspace,” the agency wrote on a website designed to bust “myths” about its relationship with drones.

Federal drone hurdles prompted Amazon in 2014 to hire an outside lobbying firm specifically focused on the issue. It then submitted a petition in July to test a prototype of its new Amazon Prime Air. In doing so, the company also issued a subtle threat that it could easily shift its operations abroad if it felt government regulations were too tough to clear.

“Granting Amazon an exemption to allow R&D testing outdoors in the United States is in the public interest because it advances Congress’ goal of getting [drones] flying in the United States safely and soon,”wrote the e-commerce giant, adding,“Amazon’s continuing innovation in the United States requires the requested exemption for outdoor testing in support of our R&D.”

Amazon did not comment for this story. But a newspaper in India reported that Amazon plans to start testing its drones in that country.

Michael Toscano, the president of the Association of Unmanned Vehicle Systems International, said drone progress abroad should help advocates change the minds of legislators and regulators back home by showing how drones can safely share space with planes and helicopters.

“One of the things we don’t have is a lot of good data to present to decision-makers,” he said. “Google, Amazon, and all the other companies that are interested in this technology, they wouldn’t be doing it if they didn’t think they could do so in a safe manner.”

It’s possible Google already is raising the issue in Washington. The company, which has spent almost $9 million to lobby in D.C. between Jan. 1 and June 30, indicated in its latest report that it had discussed “aviation safety” issues with the FAA. An agency spokesman said the FAA was “aware” of the Google Wing project.

“The company has had some discussions with the FAA,” the spokesman wrote in an e-mail. “The project is still in its very preliminary stages in the United States.”