Part 108 and Pro Sports—How the FAA’s BVLOS Proposal Could Impact Stadium Operations, Broadcasting, and Event Partnerships

By Yariv Ben-Ari and Jermaine Brookshire, Jr., of Herrick

The Federal Aviation Administration’s (“FAA”) proposed 14 C.F.R. Part 108 represents a watershed moment for drone operations in the United States, particularly for professional sports organizations, stadium operators, leagues, broadcasters, and event partners. By establishing a nationwide, scalable framework for beyond visual line of sight (“BVLOS”) drone flights, Part 108 would move the industry away from the current Part 107 regime, which restricts most commercial drone use to visual line of sight (“VLOS”) and requires burdensome, case-by-case waivers for BVLOS operations. The new rule aims to standardize approvals and address security concerns through additional Transportation Security Administration (“TSA”) requirements, a shift especially significant for high-density environments like major sports venues. If finalized, Part 108 will expand opportunities and introduce new compliance obligations for live events, stadium operations, and media production, including increased automation, enhanced operator certification, TSA security vetting, and advanced technology mandates such as detect-and-avoid (“DAA”) systems (e.g., radar, electro-optic/infrared cameras, acoustic microphones, and cooperative ADS-B In feeds) for certain outdoor stadium use.

Overview of 14 C.FR. Part 108

• BVLOS Normalized: The proposed rule transitions from one-off waivers to a performance-based, routine BVLOS operations regime in the national airspace system, enabling more predictable and scalable drone use.
• Risk-Tiered by Population Density: Outdoor professional sports venues will typically fall into Category 4 or 5 (high/very high density), triggering heightened requirements such as DAA technology and organizational certification.
• More Automation, Less Manual Control: The proposal anticipates more automated operations, raising concerns that traditional pilot-in-the-loop control may be curtailed in favor of automated or remotely supervised flights.
• Security Integration: TSA vetting and security measures are aligned with civil aviation security frameworks, adding a new layer of compliance for BVLOS operations at stadiums and large venues.
• Personnel Mandate: As proposed, Part 108 makes BVLOS operations an organizational responsibility and requires operators to designate an Operations Supervisor (the organization’s overall safety-and-compliance lead) and a Flight Coordinator (the mission‑level lead who oversees each flight and makes operational decisions during flight); neither role would require an FAA pilot certificate, but both should demonstrate role‑appropriate training and experience in the operator’s Safety Management System (“SMS”) for higher‑risk certificated operations, command‑and‑control (“C2”) communications between the aircraft and control station, and use of FAA‑approved automated data service providers (“ADSPs”) that support strategic deconfliction and conformance monitoring.

The FAA’s Part 108 proposal classifies BVLOS operations into five (5) population density risk categories, scaling requirements as crowd density increases—an approach highly relevant to sports venues and live events. In higher categories, such as those typical of suburban districts, entertainment corridors, and sold-out outdoor stadiums, operators should anticipate additional obligations, including strategic deconfliction and conformance monitoring through FAA-approved service providers, a shift from permit-based to operating certificate oversight, and, in the highest density settings, mandatory onboard DAA capabilities. The chart below summarizes these proposed categories and their implications for certain sports operations.

How Part 108 Could Elevate (and Regulate) Stadium Use Cases

1. Enhanced Stadium Operations

• Infrastructure Monitoring: BVLOS drones could autonomously inspect roofs, façades, lighting, signage, and HVAC systems, reducing the need for lifts or scaffolds, improving safety, and minimizing downtime. In high-density environments, expect Part 108 requirements such as DAA and operator certification for routine outdoor BVLOS inspections.
• Construction & Renovation: For stadium projects, BVLOS enables continuous aerial mapping, progress capture, and digital twins for project control; these are activities that the proposal explicitly aims to normalize for scalable, routine unmanned aircraft systems (“UAS”) operations.

2. Security & Crowd Management

• Real-Time Perimeter Patrols: BVLOS patrols over parking lots and campus perimeters can provide persistent overwatch without line-of-sight constraints, subject to Category 4 or 5 obligations.
• Emergency Response: For crowd surges or medical incidents, BVLOS drones can rapidly assess conditions or deliver small critical supplies; operators must still meet Part 108 equipment, certification, and security vetting where applicable.

3. Fan Experience & Marketing

• Dynamic Content Creation: Elevated broadcast shots, cinematic openings, and branded aerial visuals are central to modern production. Under Part 108, outdoor BVLOS shots over dense crowds may demand DAA systems and higher automation; some manual, pilot-flown techniques may no longer qualify without significant mitigations (e.g., roof‑line shielded route with DAA capabilities and live conformance monitoring). Sports broadcasters are already pushing the technology envelope, for example, at Milano Cortina 2026 (i.e., the Olympic Winter Games), the Olympic Broadcasting Services is deploying a total of twenty-five (25) drones (including fifteen (15) first-person view drones) across outdoor sports and selected indoor venues like speed skating to capture angles previously unavailable at the Winter Games.
• Event Analytics: Thermal or light detection and ranging (“LiDAR”) enabled crowd-flow analytics and ingress/egress optimization become more feasible at scale via BVLOS implicating data governance and cybersecurity duties.

4. Logistics & Last-Mile Delivery

• In-Stadium Delivery: BVLOS can move merchandise, medical kits, or tech payloads across large outdoor complexes more safely and quickly than ground runners, subject to Category 4 or 5 controls.
• Drone Hubs on Event Days: Stadiums could function as micro‑hubs for last‑mile delivery to ease congestion, thereby requiring certificated operators, reliable C2 links, and compliance with TSA‑aligned security elements under Part 108.

Why Legal Teams in Sports Related Organizations Should Care

1. Outdoor Stadium Drone Use Will Face Higher Bars

Large venues will trigger Category 4 or 5 obligations; operators will likely need FAA operating certificates, DAA technology (mandatory in Category 5), and increased automation which could potentially limit traditional manual piloting in crowded environments. This can raise costs and alter the feasibility of certain broadcast shots.

2. Liability and Insurance Profiles Will Shift

As automation becomes central and organizational certification (rather than individual pilot licensing) is required under the proposed Part 108 framework, liability is likely to migrate toward the operator entity (e.g., its SMS, maintenance program, and cyber‑controls). Expect new exclusions and endorsements in aviation policies and the need to revisit indemnities across production and venue agreements.

3. Venue Governance and Policies Must Evolve

Stadiums that permit outdoor drone use should update operating policies, access controls, emergency procedures, and require contractual assurances of Part 108 compliance (including TSA-related vetting for BVLOS operators). Because Part 108 requires defined operating areas, hazard mitigations, reliable C2 coverage, ADSP‑based deconfliction, and (for higher tiers (i.e., Category 4 and 5)) organizational certification with SMS, stadium coordination with pyrotechnics, laser effects, broadcast compounds, and roof crews becomes a documented compliance workflow rather than an informal show‑day check. The FAA governs the legality of the flight through its control of airspace and operating rules, whereas the venue governs property access and can prohibit or contractually restrict on‑site takeoffs, landings, and filming locations. Accordingly, property permission does not substitute for FAA authorization, and FAA authorization does not grant a right to use the venue’s property. On covered game days, a standing stadium restriction bars drones within three (3) nautical miles of the venue and up to three thousand (3,000) feet above ground level^[43] from one (1) hour before until one (1) hour after the event, with limited waivers tied to event needs (often for the event or broadcast operator). Under the FAA’s BVLOS proposal, flying over large open‑air crowds (like a sold‑out stadium) would still need specific FAA approval.

Stadium “exclusivity” comes from venue contracts plus FAA approvals, not private control of the sky. Even under Part 108, operators must account for controlled airspace. In metro areas like New York City, which sits under the New York Class B airspace complex serving JFK, LaGuardia, and Newark, many low altitude operations may require prior Air Traffic Control authorization, often obtained in near real time through the FAA’s Low Altitude Authorization and Notification Capability (“LAANC”) system. LAANC streamlines the application and approval workflow for flights at or below four hundred (400) feet above ground level in controlled airspace, but it provides only airspace authorization. Operators must still comply with all other applicable FAA rules and any temporary restrictions in effect for the location or event.

4. Media Rights, Production, and Sponsorship

If BVLOS constraints alter camera options or increase cost or risk, bargaining positions in media-rights and sponsorship deals may shift. Define who bears upgrade costs for DAA-equipped aircraft, who owns resulting data, and how to allocate downtime risk if approvals lag or weather forces reconfiguration.

5. Emerging Sports Technologies

Drones already support betting integrity monitoring, real-time analytics, security, player tracking, and crowd-flow insights. Under Part 108, outdoor BVLOS deployments at scale require more rigorous regulatory architecture and data governance (especially where thermal or identity-linked analytics are contemplated).

Key Compliance Considerations (Outdoor Operations)

• Classification: Confirm VLOS (Part 107) versus BVLOS (Part 108). Many stadium use cases that extend beyond the bowl or require persistent perimeter overwatch will be BVLOS.
• Population Category: Assume the applicability of Category 4 or 5 for sold-out events; budget for DAA, reliable C2 links (i.e., the communications link between the drone and the control station (used to send commands and receive telemetry)), and organizational certification.
• Operator Status: Require vendors to show Part 107 credentials today and plan for Part 108 operator certification and TSA vetting post-rule.
• Contracts: Bake in compliance warranties, indemnities, minimum tech specs (DAA, Remote ID), and proof of insurance tailored to BVLOS. Allocate costs and delays if approvals or equipment upgrades are needed.
• Privacy & Data Security: Establish data ownership and retention for video, thermal, and LiDAR; implement cybersecurity controls aligned to aviation and venue standards.
• Indoor versus Outdoor: Keep creative fly-throughs indoors when possible to avoid FAA jurisdiction; treat outdoor shots as Part 107/108 operations.

Action Items for Sports Stakeholders

• Audit Current Use: Map every drone use case (broadcast, security, operations, marketing) to VLOS versus BVLOS and indoor versus outdoor.
• Vendor Readiness: Pre-qualify vendors able to meet Category 4 or 5 requirements (SMS, automation, TSA vetting, and, for Category 5, DAA).
• Playbook Updates: Issue a stadium UAS standard operating procedure covering flight corridors, pyrotechnic and lighting coordination, emergency aborts, and data policies.
• Contract Refresh: Update media, sponsorship, and production agreements to reflect Part 108 impacts (technology, liability, delays, and force majeure around regulatory approvals).
• Pilot Indoor Creativity: Where feasible, move high-risk crowd-overflight shots indoors to preserve creative impact without triggering outdoor BVLOS constraints.

Part 108 is poised to expand what drones can do outdoors, but only for operators prepared to meet aviation‑grade obligations in high‑density sports environments. Importantly, the proposed rule also places strict limits on operations over large open‑air assemblies of people, such as sold‑out stadium events, unless the operator satisfies the highest‑tier mitigations required under Category 5, including advanced DAA capabilities and participation in FAA‑approved strategic deconfliction and conformance monitoring services. For leagues, stadiums, broadcasters, and event partners, the path forward is clear: classify your operations, upgrade your contracting and compliance, and design your production and security concepts around the Category 4 or 5 reality. Doing so preserves the creative and operational upside of drones while managing the new regulatory mandates.

As of the date of this publication, the FAA has not yet announced a final date for the proposed rule. Key milestones include on June 6, 2025, President Donald J. Trump issued Executive Order 14307 (“Unleashing American Drone Dominance”), directing the FAA to propose a BVLOS rule and, as appropriate, publish a final rule within 240 days (i.e., by February 1, 2026). In response, the FAA and TSA published the proposed rule, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations,” in the Federal Register on August 7, 2025. The initial public comment period closed October 6, 2025, with approximately 3,100 comments submitted—nearly half of which focused on right-of-way and electronic conspicuity issues. The FAA reopened the record on those topics on January 28, 2026, with comments due by February 11, 2026. Accordingly, the timing of a final rule remains uncertain; for planning purposes, a mid- to late‑2026 publication is a more realistic assumption, with phased compliance potentially extending into 2027.

1. “Above ground level” is generally understood to refer to height measured relative to the surface below the aircraft. ↑