Universal Aviation Servs., Inc. v. Sanford Airport Auth.-155

FAA Docket No:

13-95-25

Lexis Cite:

2003 FAA LEXIS 78

Westlaw Cite:

2006 WL 1524499

Author:

Bennett, David L., Director

Author Title:

Director

Complainant(s):

Universal Aviation Services, Inc.

Respondent(s):

Sanford (Fla.) Airport Authority

Airport(s):

Orlando-Sanford Airport (SFB)

Holding:

Dismissing complaint.

Abstract:

Complainant Universal Aviation Services, Inc. filed a complaint against Respondent, the Sanford Airport Authority, owner of Orlando-Sanford Airport in Sanford, Florida, alleging that Respondent entered into various lease agreements and contracts with Central Florida Terminals, Inc. (CFT) that gave CFT the exclusive right for aeronautical services and activities in violation of Grant Assurance 23. Complainant further claimed that Respondent was in violation of Grant Assurance 22 for treating CFT preferably in fee and rental rates. The Director found Respondent not in violation and dismissed the Complaint.|Exclusive Rights (Grant Assurance 23):|Respondent did not violate the exclusive rights prohibition in Grant Assurance 23 by granting CFT exclusive use of its leasehold where Complainant made no allegation that it had been prevented from acquiring or constructing similar facilities or offering similar services or that Respondent had refused to lease it space to construct a hangar or terminal. (p. 20).|Economic Nondiscrimination (Grant Assurance 22):|The disparity in fees paid by Complainant and CFT was not unjustly discriminatory where Complainant and CFT were not similarly situated; Complainant was a ground handler while CFT was an FBO, CFT was committed to provide funding for substantial capital improvements to its leasehold while Complainant was not, and Complainant had not claimed interest in developing facilities or services similar to CFT. (pp. 22-23).

Index Terms:

Universal Aviation Servs., Inc. v. Sanford Airport Auth. -- No. 13-95-25