The FAA has released the 731 page, Part 108 Notice of Proposed Rulemaking (NPRM), a major milestone in advancing Beyond Visual Line of Sight (BVLOS) drone operations. Open for public comment until October 6, the rule is designed to establish a more predictable framework for integrating BVLOS into routine use. For utilities, this proposal represents both exciting opportunities and important considerations that could shape how inspections, storm response, and day-to-day operations are carried out.
At the center of Part 108 are forward-looking provisions such as Electronic Conspicuity, which enables aircraft to broadcast position data through affordable devices that enhance airspace safety. At the same time, proposed requirements around shielding distances, infrastructure owner permissions, and right-of-way rules introduce practical challenges that utilities should understand as they prepare for what’s ahead.
Why Part 108 matters for utilities
Distribution utilities today face three interconnected pressures:
- Storm response: Extreme weather is more frequent, and restoring power quickly depends on accurate situational awareness across the grid.
- Inspection demand: Aging assets and grid modernization both require more frequent, more detailed inspections than ever before.
- Safety and costs: Utilities must do more with leaner workforces while protecting crews from hazardous conditions.
Currently, BVLOS operations have to be flown under FAA waivers or exemptions, which are often limited to specific areas. Part 108 will change this by creating a standardized framework for certificated operators. With predictable approvals, Percepto can meet utility needs at scale without regulatory delays.
This shift means utilities can expect:
- Faster outage response: BVLOS drones can patrol feeders or substations immediately after a storm, even when roads are blocked.
- Routine preventive inspections: Frequent automated patrols can detect vegetation encroachment, thermal anomalies, or equipment defects before they cause outages.
- Safer operations: Removing the need for line crews to enter storm-damaged or energized environments just to gather data.
- Operational efficiency: Scaling inspections without scaling headcount, shifting crews from data collection to repairs.
Opportunities in the NPRM
Electronic Conspicuity: A breakthrough for right-of-way clarity
One of the most important features in Part 108 is the introduction of Electronic Conspicuity (EC) devices. These low cost transmitters allow non ADS-B aircraft such as agricultural planes or helicopters to broadcast their position electronically. Drones equipped to receive these signals can then yield right of way safely.
In the NPRM, use of EC is optional. But its real safety value comes when it is universal. Utilities and industry stakeholders should use the comment period to highlight this point. Mandatory EC would ensure consistent right of way rules, reduce the risk of airspace conflicts, and provide the predictability needed to expand BVLOS operations with confidence.
From waivers to routine BVLOS
Today’s case-by-case approvals limit where and how utilities can operate. Under Part 108, operators would instead obtain an operating permit or operating certificate, depending on risk level. This structure makes BVLOS more routine and predictable for established operators. For utilities, Percepto, as a Certificated Operator, will have the ability to deploy fleets of autonomous drones across wide service areas without constant regulatory friction.
Enabling scale
With predictable BVLOS rules in place, utilities can integrate drones into their core operational models not just for pilot projects but as part of standard storm restoration, vegetation management, and grid modernization strategies.
Considerations for utilities
Shielding distances
The NPRM introduces a 50-foot shielding distance from infrastructure to give UAS right of way over non-cooperative manned aircraft. Percepto’s current FAA waiver allows 200 feet, which has proven both safe and practical.
“At just 50 feet, drones could be forced closer to energized equipment or conductors than utilities consider safe, raising potential risks for both the aircraft and the infrastructure,” Danielle Corbett, Percepto’s Regulatory Officer, comments.
Without universal Electronic Conspicuity, utilities need a clear and proven shielding standard, such as 200 feet, to keep drones at a safe distance from critical assets. With EC in place, distinctions like 50 feet versus 200 feet become far less critical, but until adoption is mandatory, maintaining the 200-foot standard remains essential for safe operations around utility infrastructure.
Infrastructure owner permission
The NPRM suggests that UAS operators must obtain explicit permission from infrastructure owners before flying within shielding distance. For utilities, this presents a challenge: distribution assets run for thousands of miles across easements, public rights-of-way, and mixed ownership corridors. Requiring permission from every property owner or infrastructure entity would be unworkable.
A performance-based standard, where operators meet safety requirements without requiring individual permissions, would better reflect operational realities.
Right-of-way integration
The FAA’s vision is clear: drones must give way to cooperative manned aircraft. EC devices help, but until they are mandatory, utilities must plan for mixed environments where some aircraft may broadcast position while others do not. The lack of universal adoption could create uncertainty in operational planning.
Looking ahead
As the FAA reviews comments and drafts the final rule, utilities should watch for:
- Final decisions on Electronic Conspicuity: Will it remain optional or become mandatory?
- Revisions to shielding distances: Will the FAA align with proven 200-foot practices?
- Clarification of permission requirements: Will infrastructure owners be placed in the approval chain, or will safety standards stand on their own?
- Implementation timelines: When Part 108 is finalized, how quickly can utilities transition from waivers to routine operations?
If these elements are resolved in favor of predictability and performance, utilities will gain the ability to scale autonomous inspections as a standard practice, transforming resilience, safety, and efficiency across distribution networks.
Part 108 represents a turning point for the U.S. utility sector. Normalizing BVLOS operations opens the door to safer, faster, and more cost-effective grid inspections and storm response. While refinements are needed, particularly around shielding and infrastructure permissions, the framework is a strong foundation.
The FAA’s public comment period closed on October 6, 2025. Because direct input from industry will help shape a final rule that works in the real world, Percepto seized this opportunity to highlight the issues and concerns depicted in this article and submitted them via public comment. If you’d like to read our comments, you may access and download the full document here: https://www.regulations.gov/comment/FAA-2023-1256-0275
At Percepto, we view regulatory support as a core part of enabling BVLOS at scale. That’s why we provide this guidance to our customers at no additional cost, helping utilities navigate evolving rules with confidence.
We invite you to read our full public comments on our LinkedIn page, and give us a follow if you want to stay connected with Percepto for future updates on Part 108 and the path toward scalable BVLOS operations.
