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C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
<br />aking the same or similar uses of such airpon and utilizing the same
<br />fixed-based operators m
<br />uniformly applicable to all other
<br />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
<br />authorized or permitted by the airport to serve any air carrier at such airport.
<br />e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall
<br />be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and
<br />other charges with respect to facilities direcdy and substantially related to providing air transportation as are applicable to all
<br />such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications
<br />such as tenants or non tenanu and signatory carriers and non signatory carriers. Classification or status as tenant ot signatory
<br />shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those
<br />already imposed on air carriers in such classification or status.
<br />f. It wiil not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
<br />operating aircrafr on the airport from performing any services on its own aircraft with its own employees [including, but not
<br />limited to maintenance, repair, and fueling] thal it may choose to perform.
<br />g. In the event the sponsor itself exercises any of the rights and privileges refetred to in this assurance, the services
<br />involved will be provided on the same conditions as would apply to the fumishing of such services by commercial
<br />aeronautical service providers 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
<br />the airport as may be necessary for the safe and efficient operation of the airpori.
<br />i. The sponsor may prohibit or limit any given rype, kind or ciass of aeronautical use of the airport if such action is
<br />necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
<br />23, Exclusive Rights. ]t will permit no exciusive right for the use of the airport by any person providing, or intending to provide,
<br />aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall
<br />nol 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
<br />such services, and
<br />b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
<br />leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it
<br />will not, either direcAy or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to
<br />conduct any aeronautical activities, including, but not limited to charier flights, pilot training, aircraft rental and sighueeing,
<br />aerial photography, crop dusting, aerial adverlising and surveying, air carrier operations, aircraft sales and services, sale of
<br />aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance
<br />of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft
<br />can be regarded as an aeronautical activity, and that it will terminate any exdusive right to conduct an aeronautical activity
<br />now existing at such an airport before the grant of any assistance under Title 49, United Stales 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
<br />airpon as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of
<br />traffic and economy of collection. No part of the Federal share oT an airporl development, airport planning or noise compatibility project for which a
<br />grant is made under Title 49, United States Code, the Airpori and Airway lmprovement Act of 1982, the Federal Airport Act or the Airpon and
<br />Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
<br />25, pirport Revenues.
<br />a, All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,
<br />will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which
<br />are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air
<br />transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if
<br />covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or
<br />provisions enacied before September 3, 1982, in goveming statutes controlling the owner or operator's financing, provide for
<br />the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not onty the the
<br />then
<br />ties
<br />debt
<br />ral
<br />or's
<br />on'av ation fuel) shall not apply. e use of all
<br />owneT
<br />ort
<br />this revenuesugene~rated brypthe a rport (and eintthe ase of a publioblaigrportations
<br />b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will
<br />review, and the resulting audit report will provide an opinion conceming, the use of airport revenue and taxes in paragraph
<br />(a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent
<br />with Title 49, United States Code and any other applicable provision of law, including any regulation ptomulgated by the
<br />Secretary or Administrator.
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