I was not really responding to you so much as KE. Your point is a good one, and many have tried to maintain that the FAA does not have jurisdiction
This was from one of the links I posted:
Needless to say, FAA disagrees. “We control the airspace, and we control who can fly what, where,” said FAA’s Les Dorr. “Our primary concern is the safety of the airways. If (the police department) starts using the unmanned vehicle then they run the risk of being told ‘no, they can’t do it.’ ”
http://www.homelandsecuritynewswire....tory-authority