Page:United States Statutes at Large Volume 101 Part 3.djvu/217

 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1515

"(B) REVIEW.—The Secretary shall periodically review the level of air service provided under this subsection and may, based upon such review and consultation with any interested community, any State agency of the State in which the community is located, and any government or person providing the non-Federal share of the compensation for the service, make appropriate adjustments in the level of service. "(4) SELECTION OF CARRIER.—After making the determinations required by paragraph (3) with respect to a designated point, the Secretary shall provide notice that applications may be submitted by any air carrier that is willing to provide the level of air service determined under paragraph (3) with respect to such point. In selecting an applicant to provide such service the Secretary shall, among other factors, consider the factors set forth in subsection (b)(3)(A) and shall also consider the views of the government or person paying the non-Federal share of the cost of the service. "(5) NON-FEDERAL SHARE.—Except as provided in paragraph (2)(B), the non-Federal share for compensation required for providing air service under this subsection shall be 50 percent. "(6) NOTICE BEFORE TERMINATION, SUSPENSION, OR REDUCTION

OP SERVICE.—An air carrier may not terminate, suspend, or reduce air transportation to an eligible point for which compensation is paid under this subsection below the level of such service established by the Secretary under paragraph (3) unless such carrier has given the Secretary, the community affected, and the government or person paying the non-Federal share at least 30 days' notice before such termination, suspension, or reduction. "(7) PAYMENT OF COMPENSATION.—The Secretary shall make payments of compensation under this subsection at times and in a manner determined by the Secretary to be appropriate. The Secretary shall continue to pay compensation to an air carrier to provide service to a point designated under this subsection only for so long as such carrier maintains such service and the government or person agreeing to pay the non-Federal share continues to pay such share and only for so long as the Secretary determines it is necessary in order to maintain such service to such point. "(8) PAYMENT OF NON-FEDERAL SHARE.—The Secretary may

require appropriate payment in advance or such other security to assure that the non-Federal payments for air service under this subsection are timely made. '(e) FITNESS.— "(1) GENERAL RULE.—Notwithstanding section 416(b) of this

title, the Secretary shall prohibit any air carrier from providing service to an eligible point and from providing service to a point designated under subsection (d), unless the Secretary determines that such air carrier— "(A) is fit, willing, and able to perform such service; and "(B) that all aircraft which will be used to perform such service and all operations relating to such service will conform to the safety standards established by the Administrator. "(2) LIMITATION ON COMPENSATION.—The Secretary may not

pay compensation to any air carrier for providing air service

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