FAAÕs New Standards
•Aeronautical Activity.
Any activity that involves, makes possible, or is required for the operation
of an aircraft, or which contributes to or is required for the safety
of such operations.
• Exclusive Right. A power, privilege, or other right excluding or debarring
another from enjoying or exercising a like power, privilege, or right.
An exclusive right can be conferred either by express agreement, by the
imposition of unreasonable standards or requirements, or by any other
means. Such a right conferred on one or more parties, but excluding others
from enjoying or exercising a similar right or rights, would be an exclusive
right.
• Minimum Stan-dards. The qualifications or criteria, which may be established
by an airport owner as the minimum requirements that must be met by businesses
engaged in on-airport aeronautical activities for the right to conduct
those activities.
• Proprietary Ex-clusive. The owner of a public-use airport (public or
private owner) may elect to provide any or all of the aeronautical services
needed by the public at the airport. In fact, the statutory prohibition
against exclusive rights does not apply to these owners and they may exercise
but not grant the exclusive right to conduct any aeronautical activity.
However, the sponsor
that elects to engage in a proprietary right exclusive must use its own
employees and resources to carry out its venture. An independent commercial
enterprise that has been designated as agent of the owner may not exercise
nor be granted an exclusive right.
• Specialized aviation service operation (SASO). An aeronautical business
that offers a single or limited service. Examples of these specialized
services may include aircraft flying clubs; flight training; airframe
and powerplant repair/maintenance; aircraft charter; air taxi or air ambulance;
aircraft sales, avionics; instrument or propeller services; or, other
specialized commercial flight support business.
• B.T.
A Minimum Standards Checklist
While an airport is in the process of developing new minimum standards,
it should consider and plan on the best procedure for implementing the
standards.
à Should they become part of each lease?
à Are they provided with RFPs?
à Should each tenant sign that he/she has received and accepted the airports
minimum standards? Ã How will the standards be enforced with existing
tenants?
à What will be the process for updating the document?
• B.T.
About the Author
Bobbi Thompson serves as executive vice president of Atlanta-based Airport
Business Solutions and manager of the firm's Florida office. Bobbi has
spent 30 years in the aviation industry and her tenure has included airport
management, FBO ownership/management, world record pilot, and director
positions with several aviation organizations. She can be reached at 941-573-9647.
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