Attorney calls demand in Tennessee for drones 'huge'

Tennessee's huge interest in flying drones for commercial uses — for farming, surveying or capturing remarkable images — propelled a discussion in Nashville on Monday about pending federal regulations.

"The demand is huge," said James Mackler, attorney with Bone McAllester Norton. "There's a ton of people flying commercial, right now, in violation of FAA regulations and state law. It's been that way for a while because there's so much demand."

Mackler, who specializes in drone law for the firm, timed the meeting with an ongoing comment period for the Federal Aviation Administration's draft drone regulations.

Myths and legal murkiness have long surrounded unmanned aerial systems, which have exploded in popularity. While state laws have set some parameters for hobby fliers, commercial use has been outlawed pending FAA rules.

Now that the administration has shared its proposal, Mackler has found a broad consensus that the rules are less restrictive than some had worried. The FAA won't check the airworthiness of drones, for example. No pilot license will be required.

But other rules are coming. Operators — not called "pilots" — will need to be at least 17 years old and must pass a test. And commercial drones must be kept below 500 feet and within sight of the operator, while flying only during daytime.

The knowledgeable crowd of about 30, including state senators, business owners and lawyers, still managed to tease out some gray areas where rules struggle to keep up with technology.

Much of the interest stems from lucrative uses — potentially hundreds of millions of dollars, especially in farming.

That perspective came from retired Marine Lt. Gen. John Castellaw, CEO of Farmspace Systems, which wants to use drones to monitor crops. Describing a "true revolution" in farming, Castellaw said drone monitoring of crops will save money and resources.

"We need to get some ground rules down," Castellaw said, praising the FAA. "There's nothing in there, right now, to do great harm to us."

The class brought together potential commercial operators from across Tennessee — and one from northern Virginia. Arne Skjaerpe, general manager of Proxdynamics, said his Norwegian company plans to send comments to the FAA, so he came to learn from the experts.

His company specializes in "microdrones" — that fit in the palm of a hand — for use by the military and law enforcement. He sees commercial uses as the next frontier, once the FAA rules pass.

"It's only the beginning," he said. "We clearly see a huge potential."

Tennessee lawmakers, meanwhile, are considering new laws to govern hobbyists, including a proposal inspired by the Tennessee Titans that would ban flights over venues that hold more than 100 people.

Reach Tony Gonzalez at 615-259-8089 and on Twitter @tgonzalez.