Being a very long time R/C modeler having flown aerobatic competition for many years, and being a very long time full scale pilot and aircraft owner, I have dogs in both sides of this fight.
I wanted to get the definitive answer to this issue so that if I am wrong, I will have the correct information and if I am right we can correct any misinformation and help people avoid any potential problems.
As many of you may know, The Academy of Aeronautics (AMA) is the governing body in the U.S. for Model Aviation and has been intimately involved with the FAA in these matters. So I contacted my long time acquaintance, Dave Mathewson who is the Executive Director of the AMA and asked him to provide a definitive answer to this question. I have posted his reply below:
So below is the exact language in 336 relative to notification requirements when operating within 5 miles of an airport. The requirement is that you notify both the airport operator AND the tower IF the airport is a towered facility. If there is not tower you still have to notify the airport authority. We were involved in drafting the language in 336 so I know that this was the intent.
(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic
control tower (when an air traffic facility is located at the airport)).
The new reauth bill is being introduced in Congress probably in the next 2 to 3 weeks and we hope to clarify this a bit with some minor language edits.
Hope this helps.
Dave
Dave Mathewson
Executive Director
Academy of Model Aeronautics
I hope this helps clarify the issue. Happy flying
Denis D