Agreed. The LAW (or regulation -whatever) is what both we and the FAA staff must work from, right? Right now it still says this, and only this, regarding communication for controlled airspace authorization (it does not say how to, or how not to, do it):
Section 107.41: No person may operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from Air Traffic Control (ATC).
Just sayin'. Beats me how agencies work - I'm sure they mean well.
I know this thread is a few weeks old, but I was recently directed to the FAA by an ATC in Texas, and asked to apply for a waiver. Here is some more info I found researching the contradicting procedures we are trying to follow:
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FAA Order JO 7200.23 section 4(B)(1) (page 8)
B. Facility Responsibilities
1. General. In the event a Part 107 operator contacts an ATC facility directly for authorization, the facility must not issue authorization. The facility must direct the operator to the FAA UAS website,
www.faa.gov/uas.
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49 U.S.C. 40103
...the FAA has the sole authority to regulate airspace, including airspace overlying an airport. While airport operators have the ability to manage operations on the surface of the airport, airport operators may not regulate the use of airspace above and near the airport.
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By the letter of the regulation, ATC does NOT have the authority to grant "legal" permission to fly under Part 107. Ironically, if flying as a hobbyist under Part 101, all it takes is a phone call to ATC, and they will usually say yes. My contact said ATC is not well trained on these regulations yet, so be careful. Hate to lose my certification because an ATC employee didnt understand the regulations. Unfortunately, the regulations will take some time to work out for everyone. It isnt a safety issue but a regulatory one. Flying under Part 107 does not make the airspace less safe than flying under Part 101. More often than not, the opposite is true. Worrying about my drone at 100ft, four miles from a small town airport, is like warning Captain Sully to not hit any fish on the Hudson.
This is still new to ATC, the FAA, UAS operators, and public authorities, so be careful. You dont want to risk your commercial business because everyone doesnt know the rules. I have lost jobs to people willing to "fly recreationally" to shoot in a controlled area. It isnt worth the 1/2 of 1% risk of getting caught, to lose that part of my business. Since there are 5 morons for every responsible operator out there, creating the need for all of these regulations in the first place.