To: TigerPaw who wrote (6961 ) 9/28/2001 11:52:04 AM From: TigerPaw Read Replies (1) | Respond to of 93284 FAA's limits on news helicopters raise constitutionality concerns By Diane Holloway American-Statesman Television Writer Friday, September 28, 2001 The skies over Central Texas' clogged commuter roads and packed football stadiums are quiet now that the Federal Aviation Administration has grounded news helicopters nationwide. From Los Angeles to Atlanta, from Chicago to Miami, news choppers are down, and news directors are increasingly unhappy about it. The restriction came in the wake of the Sept. 11 hijackings and plane crashes into the World Trade Center, the Pentagon and a Pennsylvania field. Locally, choppers flying for KXAN and KEYE have spent a lot of time in the hangar while traffic news comes from land-level sources. Most local radio stations get their traffic reports from Metro Networks Traffic Control, which flies fixed-wing planes that were not grounded by the FAA ruling. "This is almost like prior restraint," KXAN News Director Bruce Whiteaker said. "They (FAA officials) have us where we can't cover certain types of news." Initially gliders, sky-diving planes and hot air balloons were grounded, too, but most of those aircraft have been allowed back in the air. So have emergency medical helicopters such as STAR Flight. The fact that the FAA seems to be singling out news helicopters has prompted an official appeal from the Radio and Television News Directors Association in Wash- ington. "This ban on news aircraft takes away one of the most important news-gathering tools stations use to serve the public," Barbara Cochran, the association's president, wrote in a letter to Department of Transportation and FAA officials. The letter goes on to say that the ban has First Amendment implications that make it "constitutionally suspect." So far, the FAA has not responded. Hank Price, an FAA spokesman, would say only that news helicopters remain restricted "because of national security." KXAN keeps its helicopter at an airfield in Georgetown and is allowed to fly from "point to point," which means it can file a flight plan and fly to certain places to cover news. But it cannot whir over traffic, and it cannot fly over football stadiums packed with people. That means the station's Friday night football coverage has not had nearly as many video highlights. KEYE's helicopter hasn't left its hangar at Austin-Bergstrom International Airport even once since Sept. 11. That's because there are even more restrictions at the city's airport. "We can't take off when there's aircraft within a radius of three miles," KEYE News Director Tim Gardner said. "What are the chances of that happening? I know we're in a heightened sense of security, as we should be, but we'd be more than glad to have the FAA check us out any time. We're a legitimate news operation, and this is just mind-boggling to me." Although Metro Traffic's planes are still flying for local radio stations, the FAA has forced them to fly at 4,000 feet, much higher than the normal altitude of 1,500 feet. What can a traffic reporter see from there? "It makes it a little more difficult to spot specific problems, but we're still able to provide a good service," said Cliff Morrison, director of operations for the company. The FAA has not indicated how long the restrictions will last, but news directors around the country are hoping choppers will return soon.