Survey of Minimum Standards: Commercial Aeronautical Activities at Airports (2011) / Chapter Skim
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17 See Grant Assurance 22, http://www.faa.gov/airports/aip/ grant_assurances/media/airport_sponsor_assurances.pdf (the airport sponsor shall "make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.") ; Grant Assurance 23, http://www.faa.gov/airports/aip/grant_assurances/media/ airport_sponsor_assurances.pdf (the airport sponsor shall not grant an "exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public.")
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. • The FAA found that it was unreasonable for an airport sponsor to require that an aircraft rental company perform certain administrative functions at the airport and have staff available even when no scheduled business was taking place, because the requirements were unduly burdensome and not relevant to the business conducted.24 • The FAA found that requiring an airport tenant to place his fuel tanks in a designated fuel farm was neither unreasonable nor unduly burdensome.25 • The FAA found that fees and other requirements on self-fueling operations were reasonable.26 • The FAA found that requiring commercial aeronautical service providers to lease and develop airport property in conformance with the airport master plan and airport layout plan was reasonable and not unjustly discriminatory.27 • The FAA found that imposing minimum-leasedspace requirements for commercial aeronautical service providers was reasonable and not unjustly discriminatory.28 C
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. found, in a prior proceeding involving the same airport, that the airport sponsor was unjustly discriminating against an FBO by failing to apply and enforce the airport Minimum Standards objectively and uniformly to similarly situated airport tenants.33 • The FAA found that an airport sponsor engaged in unjust discrimination and impermissibly granted an exclusive right when it failed to require a tenant to comply with amended Minimum Standards where the lease agreement required compliance with amended standards.34 See also Penobscot Air Servs.
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From page 7... ...
Amendments to Minimum Standards Just as it is the airport sponsor's prerogative to adopt Minimum Standards, airport sponsors can amend or update Minimum Standards as well. Amendments to Minimum Standards also must be reasonable and not unjustly discriminatory and must not confer an exclusive right to conduct an aeronautical activity.39 While an airport sponsor generally can limit new commercial aeronautical activities while drafting or updating Minimum Standards, sponsors must find reasonable alternatives to accommodate certain activities, such as self-fueling, that the FAA has declared must be permitted.40 One issue that may arise when an airport sponsor amends its Minimum Standards is the application of the amended Minimum Standards to existing airport tenants and users.
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