Per the FAA currently you cannot operate a UAV or RC aircraft commercially (for hire or profit) in the NAS without a COA. Private COA's were stopped being granted over 2 years ago. The only COA's for UAV flights (either autonomous or remotely flown) in the NAS are granted to those with a public entity sponsoring them (i.e law enforcement, DARPA, the military, a local municipality, et. al.)
In order to fly an unmanned aircraft for hire (no matter what size) in the NAS you either have the COA or an airworthiness certificate. Once you cross the line from sport/hobby/recreation to flying for profit the FAA wants to be involved.
So, the guy taking real estate photos with his RC heli is probably breaking the FAA regs. the guy doing crop surveillence with his fixed wing with a video camera underneath is also breaking the law........provided they don't have a COA or Airworthiness Cert.
If you want to fly your UAV without a COA or Airworthiness Cert for hire/profit you have to do it in restricted airspace and work it out with the owner of that restricted airspace.
The problem the FAA will have is trying to enforce any sort of FAR's they may create. The only 'punishment' the FAA can actually mete out is to revoke or suspend someone's license. It will be up to criminal courts to seek punitive damages IF someone is caught.
The other factor to consider is that the majority of RC pilots could care less about breaking the regs. Not everyone that flies RC is a member of the AMA. There's no requirement to join.
I've been flying RC for over 30 years and involved with UAV flight test for over 10 years . There are way more people out there going 'cowboy' with their UAV flight ops. They know the rules and willfully disregard them. I know for a fact they are and have mentioned it to them. They knowing acknowledge the rules but continue to operate around those rules.
There are over 200 small companies trying to market UAV's/UAS's. The majority of these are garage/basement businesses started by guys involved with RC. They don't have the wherewithal or resources to go the laborious legal route so they operate on the fringe and hope they don't get caught.
Another fact is the FAA doesn't understand small UAV's (RC plane type). They can understand a UAV like the Predator but when you put a small RC/UAV in front of them they just don't know what to do. It was painfully obvious when we tried to get several of our certified with an airworthiness certificate. You have to present the same level of documentation for a small RC sized UAV as you would any manned aircraft. The problem is you are trying to compare apples to oranges. But the FAA does not want to change the way they do things. They want you to conform to their long established paradigm.
The fear is any rules the FAA passes down to sport RC flying will be onerous and burdensome. There's also the likelihood RC pilots will ignore the rules and fly at their own peril.
There will be no easy solution now that the government is involved.
-G-