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22. Economic Nondiscrimination.
<br /> a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds
<br /> and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport.
<br /> b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or
<br /> corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert
<br /> and enforce provisions requiring the contractor to-
<br /> (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof,and
<br /> (2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to
<br /> make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers.
<br /> C. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other charges as are uniformly applicable
<br /> to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
<br /> d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted
<br /> by the airport to serve any air carrier at such airport.
<br /> e. Each air carrier using such airport(whether as a tenant,nontenant,or subtenant of another air carrier tenant)shall be subject to such
<br /> nondiscriminatory and substantially comparable rules,regulations,conditions,rates,fees,rentals,and other charges with respect to
<br /> facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use
<br /> of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or nontenants and signatory carriers
<br /> and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an
<br /> air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
<br /> f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or corporation operating aircraft on the
<br /> airport from performing any services on its own aircraft with its own employees[including,but not limited to maintenance,repair,and
<br /> fueling]that it may choose to perform.
<br /> g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be
<br /> provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers
<br /> authorized by the sponsor under these provisions.
<br /> h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of the airport as may be
<br /> necessary for the safe and efficient operation of the airport.
<br /> i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe
<br /> operation of the airport or necessary to serve the civil aviation needs of the public.
<br /> 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical
<br /> services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not
<br /> be construed as an exclusive right if both of the following apply:
<br /> a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services,and
<br /> b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an
<br /> existing agreement between such single fixed-based operator and such airport.
<br /> It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the exclusive right at the
<br /> airport to conduct any aeronautical activities,including, but not limited to charter flights,pilot training,aircraft rental and sightseeing,
<br /> aerial photography,crop dusting,aerial advertising and surveying,air carrier operations,aircraft sales and services,sale of aviation
<br /> petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,sale of
<br /> aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an
<br /> aeronautical activity,and that it will terminale any exclusive right to conduct an aeronautical activity now existing at such an airport
<br /> before the grant of any assistance under Title 49, United States Code.
<br /> 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport
<br /> as self-sustaining as possible under the circumstances existing at the particular airport,laking into account such factors as the volume of
<br /> traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for
<br /> which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the
<br /> Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,rates,and charges for users of that
<br /> airport.
<br /> Airport Assurances (9/99) V-5
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